2.__Participation of parties.__The court may allow the parties to participate in the communication.__If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

3.__Communication without informing parties; no record required.__Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties.__A record need not be made of the communication.

4.__Communication and informing parties; record required.__ Except as otherwise provided in subsection 3, a record must be made of a communication under this section.__The parties must be informed promptly of the communication and granted access to the record.

5.__Record.__For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Uniform Comment

This section emphasizes the role of judicial communications. It authorizes a court to communicate concerning any proceeding arising under this Act. This includes communication with foreign tribunals and tribal courts. Communication can occur in many different ways such as by telephonic conference and by on-line or other electronic communication. The Act does not preclude any method of communication and recognizes that there will be increasing use of modern communication techniques.

Communication between courts is required under Sections 204, 206, and 306 [Me. cites sections 1748, 1750 and 1766] and strongly suggested in applying Section 207 [Me. cite section 1751]. Apart from those sections, there may be less need under this Act for courts to communicate concerning jurisdiction due to the prioritization of home state jurisdiction. Communication is authorized, however, whenever the court finds it would be helpful. The court may authorize the parties to participate in the communication. However, the Act does not mandate participation. Communication between courts is often difficult to schedule and participation by the parties may be impractical.