What is ex parte?
Many things may be done ex parte, when the opposite party has had notice; an affidavit or deposition is said to be taken ex parte when only one of the parties attends to taking the same. Ex parte paterna, on the side of the father, or property descended to a person from his father; ex parte materna, on the part of the mother.
Can a court pass an ex parte decree without notice?
If as a result ex parte decree is passed by the competent Court despite due notice to the party, there no failure of natural justice. Non-appearance of one of the party on the date of hearing does not necessarily entail that an ex parte decree would follow.
Does the ex parte proceeding violate the Constitution?
Far from violating the Constitution, the ex parte proceeding is a lasting illustration of the elasticity of due process. Ex parte contact occurs when an attorney communicates with another party outside the presence of that party’s attorney.
What is relief available against an ex parte decree?
Part II titled Relief Available Against an ex parte deals with various remedies available to the person against whom an ex parte decree is passed and the abuse of such remedies. Part III titled Sufficient Cause for Non-appearance analyses various instances and circumstances where non-appearance of the party is excusable.
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.
When do you get an ex parte court hearing?
In such a case, the threatened party or parties may receive an ex parte court hearing to request temporary judicial relief without notice to, and outside the presence of, other persons affected by the hearing. Ex parte judicial proceedings are usually reserved for urgent matters where requiring notice would subject one party to irreparable harm.
What is the process for filing an ex parte motion?
Process for Filing an Ex Parte Motion. Each jurisdiction has a specific process for filing an ex parte motion, which is found in the court’s Rules of Civil Procedure. The Rules also specify how, and under what timeline, an opposing party must be notified that the ex parte motion will be submitted to the court.
Can an opposing party appear at an ex parte hearing?
In some jurisdictions, opposing parties are allowed to appear at the ex parte hearing by telephone, though most courts do not consider oral arguments at all, only written documents. The use of ex parte motions is perhaps most common in family law matters.
What happens if a judge grants an ex parte motion?
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. If the judge grants the ex parte order, the order is only temporary.
Can an ex parte relief be sought without an underlying suit?
Without the underlying suit, the ex parte relief cannot be sought. It is not necessary to file the request or application for ex parte relief as a separate pleading. However, your request for ex parte relief may be filed as a pleading separate from the underlying suit.