Ex Parte
A court proceeding or order that happens with only one party present, without the other side being heard.
Ex parte (pronounced “ex PAR-tay”) is a Latin term meaning “from one side.” An ex parte proceeding is one where the court acts on a request from one party without the other party being present or having an opportunity to respond.
Courts generally disfavor ex parte actions because fairness usually requires hearing from both sides. However, ex parte orders are allowed in emergencies – for example, when someone needs immediate protection from domestic violence, or when waiting for the other side to respond could cause irreparable harm.
Why it matters: If an ex parte order is entered against you, you were not there to tell your side. You will typically receive notice of the order and get a chance to be heard at a follow-up hearing, usually within a short time. It is important to attend that hearing to present your case.
Example: A person experiencing domestic violence asks the court for an emergency order for protection. The judge grants the ex parte order immediately, prohibiting the abuser from contact. A hearing is then scheduled within days so the other party can respond.
Emergency protective orders, temporary restraining orders, urgent motions