The phrase denotes a communication, typically involving a legal case, that occurs between a court or tribunal and one party without the knowledge or participation of the other party or parties. Such exchanges are generally prohibited within legal and administrative proceedings to ensure fairness and impartiality. An example would be a lawyer privately contacting a judge to discuss aspects of a pending case without the opposing counsel present or informed.
Maintaining the integrity of the judicial process necessitates the prohibition of such unilateral discussions. The practice safeguards against potential bias or undue influence, upholding the principle that all parties have an equal opportunity to present their case. Historically, concerns over fairness and transparency have driven the development of rules and ethical codes specifically addressing this issue within the legal system.