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Thread: Ex parte orders

  1. #1
    Golfball is offline Member
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    Ex parte orders

    What is the name of your state? Multiple, but not particularly relevant. I want more states.

    As a clarification in the "rules for posters" thread that got locked...

    Ex parte hearings are hearings that are done w/ only one party present, and do not need to follow the regular rules for giving prior notice. (For example, the absent party may not have been successfully served at all by any method prior to the hearing.) The exact rules for adequate notice (such as how long before/after the fact, and method of service) will vary from state to state. They may (as per GinnyJ) also be used for enforcement of an order.

    In multiple states, ex parte hearings are only granted in emergency circumstances, either due to potential of abuse/physical harm, or immediate flight risk. States that I know that follow this rule*: CA, NC

    Other states are far more liberal with granting ex parte hearings, an emergency is not required. A recorder may not necessarily be present, either, making it an utter pain for the absent party to figure out what the hell was said. States that I know that follow this rule*: KS

    I know the list isn't extensive yet, but I'm open to more states to mention.

    * - I know these either from personal experience getting cozy with the rules of civil procedure for the state, from an SM mentioning it, or mentioned w/ statuatory citations.
    Last edited by Golfball; 12-17-2007 at 09:49 AM. Reason: Clarification
  2. #2
    TinkerBelleLuvr is offline Senior Member
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    An ex parte order can be used to ENFORCE a court order also. I need those for the pickup of a child.
  3. #3
    CourtClerk is offline Senior Member
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    FYI... CA requires notice to be given to the other party by 10am the day before the hearing, by someone over 18 and not a party to the action.
    Last edited by CourtClerk; 12-18-2007 at 08:50 AM. Reason: Because I was completely indecisive about the time...
  4. #4
    Isis1 is offline Senior Member
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    i thought it was 12pm??? did it change in the last two years? because i did one before 12pm and then the DA's office told me at 10am last week.
  5. #5
    CourtClerk is offline Senior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    i thought it was 12pm??? did it change in the last two years? because i did one before 12pm and then the DA's office told me at 10am last week.
    At first I wrote 10, edited it to 9, edited to 10 again, then decided on 9. It's not soemthing I have to worry about all the time so I wasn't sure if it was 9 or 10, so I'll edit again It's 10am and it has been for quite some time.
  6. #6
    ezmarelda is offline Member
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    Quote Originally Posted by CourtClerk View Post
    At first I wrote 10, edited it to 9, edited to 10 again, then decided on 9. It's not soemthing I have to worry about all the time so I wasn't sure if it was 9 or 10, so I'll edit again It's 10am and it has been for quite some time.
    I think it may vary by county because here it is 12 hours prior
  7. #7
    CJane is offline Senior Member
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    http://www.womenslaw.org/MO/MO_how_to.htm

    1) Ex parte orders of protection -- Ex parte is Latin for “from one side.” If you are in immediate danger and have been abused or threatened with abuse, a judge may grant you an ex parte order. A judge may grant you the order based solely on your evidence and testimony, and without holding a hearing. Ex parte orders may be granted without the abuser’s knowledge or consent.

    The purpose of an ex parte order is to offer you temporary and immediate protection until your court hearing for a full order of protection, which will take place within 15 days of filing your petition.

    Ex parte orders are granted only if you can prove to the judge through your testimony or evidence that the order is necessary to prevent immediate harm to you or your family.

    An ex parte order lasts until your court hearing for a full order of protection, which will take place within 15 days of filing your petition.

    If you ask for an ex parte order but the judge doesn't give you one, you should get a "Notice of Hearing" instead. Although this is not an order protecting you, it does mean you have a date and time for a hearing, where the judge will decide whether or not to grant you a full order of protection. To get a full order of protection, you will need to go to court to present your evidence fully to the judge.

    I recently learned that an ex parte can actually be EXTENDED while the Court is in recess in order to give the Petitioner a chance to prove his/her case.

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