What does ex parte mean in legal terms?
Ex parte is Latin for ‚from one party.‘ In the law, ex parte is used in several contexts. In legal ethics , ex parte refers to improper contact with a party or a judge. Ethical rules typically forbid a lawyer from contacting the judge or the opposing party without the other party’s lawyer also being present.
What is an ex parte hearing in Australia?
Australia. In Australian law ex parte is used in two senses. The predominant use is to refer to an ex parte hearing, being one which is heard in the absence of one or more parties. Where proceedings are heard ex parte, a high degree of candour is required, including full and fair disclosure of facts adverse to the moving party.
What is improper ex parte contact with a judge?
Ethical rules typically forbid a lawyer from contacting the judge or the opposing party without the other party’s lawyer also being present. A breach of these rules is referred to as improper ex parte contact. 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.
What are the requirements for an ex parte application?
In addition to the notice requirements, an ex parte application must contain an affirmative actual showing in a declaration based on personal knowledge of „irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte“.
Why do I need an ex parte and Protective Order?
There are many reasons for obtaining Ex Parte and protective orders. Some common reasons are divorce, custody disagreements and suspicion of abuse. Ex Parte is removal of the child, or vulnerable person, from the current environment.
How long does an ex parte order stay in effect?
Courts around the country are required to grant ex parte orders when a person alleges that he or she has been abused by a family member, domestic partner or certain other individual. This order remains in effect until a hearing is held, usually within days or a couple of weeks after the ex parte order is issued.
When does ex parte notice cause harm to another party?
The courts recognize, however, that circumstances exist in which giving proper ex parte notice to one party may cause serious harm to another. This may be the case, for example, when an individual requests an emergency protective order against an abuser, or an emergency order to remove a child from an abusive parent.