What do you mean by ex parte?
Asked by: Magdalena Towne | Last update: January 24, 2026Score: 4.4/5 (48 votes)
(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 ex parte mean in court?
In civil procedure , ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order .
What is the meaning of ex parte meeting?
An ex parte presentation is a communication, written or oral, directed to the merits or outcome of a proceeding that, if written, is not served on all the parties to a proceeding, and if oral, is made without giving all the parties to the proceeding advance notice and an opportunity for them to be present.
What does parte mean?
adverb or adjective. : on or from one side or party only —used of legal proceedings.
What are the disadvantages of ex parte?
While ex parte orders are essential for urgent protection, they have some disadvantages: Lack of Representation: Since ex parte orders are issued without the other party being present, the accused parent doesn't have a chance to defend themselves initially.
What is Ex Parte? [legal terminology explained]
What happens after ex parte?
If the respondent appears and doesn't contest the order, the ex parte order will convert to a permanent order without any testimony. If the respondent appears and objects to the order, there will be a trial. You and the respondent will each testify and present evidence.
What is good cause for ex parte?
Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (GC-112) Ask the court to waive the requirement to tell certain people about a temporary conservatorship case because telling them would cause harm.
Why are some cases ex parte?
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
What is another word for ex parte?
Synonyms of ex parte. 1. : on or from one side or party only.
How to win an ex parte hearing?
- Crafting a clear and compelling argument involves summarizing your points succinctly while making sure they're rooted in fact.
- Demonstrating immediate risk or harm necessitates concrete evidence—this could range from text messages showing threats to photographs of physical injuries.
Can I respond to an ex parte?
You are not required to file a Response to the Ex Parte request. However, you may submit a response along with valid proof of service to the moving party via the Court's dropbox by 8:30 a.m. on the scheduled ex parte hearing date.
Does ex parte go on your record?
It should not show up on a criminal background check, however the civil court should maintain an internal record of the case.
Why would an ex parte be denied?
If there is no evidence that the other side had notice and if he or she is not present at the hearing, then, all things being equal, there is a greater chance that the ex parte application will be denied.
How long do ex parte hearings last?
The ex parte order will generally last until the full court hearing for the permanent order, which has to take place within 14 days.
How to fight an ex parte order?
If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
What does exparte mean in law?
Latin term meaning "by or for one party." The term refers to an attorney's communication with: A judge or arbitrator without notice to, and outside the presence of, the other parties. Another party outside the presence of that party's attorney.
Why is it called ex parte?
“Ex parte” is a Latin phrase meaning “on one side only; by or for one party.” An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties' knowledge.
What does ex parte mean in a case name?
Ex parte is Latin for “from one side.” If you or someone you know obtained an ex parte order, then this means they probably went to court and obtained an order against someone without that person present and without that person being notified ahead of time.
Why would someone go to ex parte?
Defining Emergency Ex Parte Orders in California Law
These orders are typically utilized in situations where there is an immediate threat of harm to a minor child in the case, or domestic violence, or threat of harm to property.
What is an example of ex parte?
Examples of situations where the court may approve an ex parte order include, but are not limited to: Writ of possession for property that was stolen. Temporary restraining order where there is immediate danger that property may become unavailable for levy. Correcting a clerical error in a pleading.
How to avoid ex parte communication?
To avoid ex parte communications, all communications about a hearing with the AHO hearing officer or other AHO staff, or with Board staff on the hearing team or Board members, should be through e-mails with the e-mail addresses of all other parties included on the “cc” line of the e-mail, or by paper letters, with all ...
What to do after ex parte?
After an ex parte order has been passed, if the defendant presents a satisfactory reason for his/her absence before the court, then the ex parte decree can be set aside. This remedy can be availed by filing an application to set aside the ex parte decree under Order 9 Rule 13.
What is the basis for ex parte?
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
What are the reasons for ex parte set aside?
When the summons is not served properly to the defendant or the defendant does not get enough time to appear before the court. Then the court may set aside the ex parte decree.
What is the time period for ex parte?
Under art. 164 of the Indian Limitation Act, 1908, the period of limitation for an application by a defendant for an order to set aside a decree passed ex-parte was 30 days from "the date of the decree or when the summons was not duly served, when the applicant had knowledge, of the decree".