How do you use ex parte in a simple sentence?
Asked by: Selina Treutel DVM | Last update: December 24, 2023Score: 4.5/5 (58 votes)
The complainant was allowed to testify ex parte.
What is ex parte in legal terms?
ex parte. (ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only.
What does placed Exparte mean?
In law, ex parte (/ɛks ˈpɑːrteɪ, -iː/) is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
How do you pronounce Exparte?
Break 'ex parte' down into sounds: [EKS] + [PAA] + [TEE] - say it out loud and exaggerate the sounds until you can consistently produce them.
What is the meaning of parte?
n. 1. A portion, division, piece, or segment of a whole. 2. Any of several equal portions or fractions that can constitute a whole or into which a whole can be divided: a mixture of two parts flour to one part sugar.
What you need to know about Ex parte orders
What is the opposite word of ex parte?
Ex parte is a legal term used to describe a type of legal proceeding where only one party is present. It literally means "on behalf of one party." Antonyms for this term would be "adversary" or "opposite party," implying that there are two parties present in a legal proceeding.
What is the difference between ex parte order?
An order that is made ex parte is one that is issued without the other party being informed of its existence. They frequently offer almost instantaneous relief, albeit only in the short term.
What's the meaning of prima facie case?
A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
What does in REM mean in law?
in-ˈrem. : against a thing (such as a right, status, or property) used especially of legal actions, judgments, or jurisdiction compare in personam.
How do you respond to ex parte?
Opposing an Ex Parte Motion
However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.
Why is ex parte important?
In emergency situations, an ex parte motion provides an exception to the rules of due process by allowing you to petition the court without having to notify or serve the other parties involved in your case.
What does ex parte mean in black law?
Definition & Citations:
On one side only; by or for one party; done for, in behalf of, or on theapplication of, one party only.
What is inter alia in legal terms?
inter alia. (in-tur eh-lee-ah) prep. Latin for "among other things." This phrase is often found in legal pleadings and writings to specify one example out of many possibilities. Example: "The judge said, inter alia, that the time to file the action had passed." inter vivos trust.
What is attachment jurisdiction?
Courts often attach debtors' property to help pay their creditors, either by directly transferring the property to the creditors, or by selling it and giving the creditors the proceeds. See: Debtor and Creditor Law. Quasi in rem subtype 2 jurisdiction is sometimes called "attachment jurisdiction."
What does legal term in personam mean?
In personam, literally translating to “against the person,” refers to courts' power to adjudicate matters directed against a party. In personam jurisdiction is one of the two forms of personal jurisdiction with the other being in-rem jurisdiction.
What is the meaning of ipso facto?
Ipso facto is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a direct consequence, a resultant effect, of the action in question, instead of being brought about by a previous action. It is a term of art used in philosophy, law, and science.
What is the burden of proof in law?
The burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail. In most cases, the plaintiff (the party bringing the claim) has the burden of proof. As an initial matter, they must meet the burden of production.
What is needed to prove a prima facie case?
In order to establish a prima facie case, a prosecutor need only offer credible evidence in support of each element of a crime. By contrast, a prosecutor must prove defendant's guilt as to each element beyond a reasonable doubt to win a conviction.
How do you win an ex parte hearing?
- Submit a comprehensive and clear ex parte application. ...
- Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ...
- If the other party is harassing you or forcing you, provide the court with the records. ...
- Be prepared for a full hearing.
How do I set aside an ex parte order?
in which the a decree is passed ex parte against the defendant, he may apply to the court by which the decree was passed for an order to set it aside and if he satisfies that summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing ,the court ...
What does it mean when a court is ex parte quizlet?
What does it mean when a court is ex parte? that only one party is represented.
What is the meaning of the word ex?
especially : a former spouse or former partner in an intimate relationship.
What does prefix ex mean?
ex-1. a prefix meaning “out of,” “from,” and hence “utterly,” “thoroughly,” and sometimes meaning “not” or “without” or indicating a former title, status, etc.; freely used as an English formative: exstipulate; exterritorial; ex-president (former president); ex-member; ex-wife.
What is the opposite of plaintiff in court?
The defendant the person or entity that is being sued. Plaintiff and defendant are terms usually used in civil cases and/or a civil lawsuit.
What is Sua sponte in law?
A Latin term meaning "of one's own will." Sua sponte refers to action taken by the court without the prompting of the parties.