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What is an Ex Parte Communication? New York Medical Malpractice Trial Lawyer Gerry Oginski Explains

Posted by attorney Gerald Oginski

Have you ever heard the phrase "Ex-Parte" communication? You haven't? Come join me as I share with you what it means in a lawsuit here in the state of New York.

'Ex parte' is a latin phrase that really means 'one-sided'. When you bring a lawsuit seeking money damages in a civil lawsuit where you claim someone caused your injuries from an accident or medical malpractice, you are not supposed to have one-sided conversations with the judge or jury.

Instead, the lawyer who represents the people you have sued are also supposed to be present for any conversation with the judge. This way the judge is not exposed to just one side of the conversation or argument. Both parties have a right and an opportunity to be heard before the court.

There are some instances where the court will obviously want to speak to each attorney individually, such as when settlement negotiations are taking place. However, during court conference and pre-trial conferences, the parties are always there together when speaking to the judge.

Watch the video to learn more...

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