ADVERB:
&
ADJECTIVE:
1. Law From or on one side only, with the other side absent or unrepresented: testified ex parte; an ex parte hearing.
2. From a one-sided or strongly biased point of view.
ETYMOLOGY:
Latin : ex, from + parte, ablative of pars, part, side
ex parte – done by one party only; as in, an ex parte communication is where one party to a dispute communicates to a judge without the other parties’ presence.
Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is on where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. It is in contrast to the rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort to notify the opposing lawyer of the time and place of any ex parte hearing.
Some of the relevant legal forms include:
AOC-CV-304 Spanish; Ex Parte Domestic Violence Protective Order/Orden de Proteccion Ex Parte por Violencia Intrafamiliar (rev. 6/01)
AOC-CV304 Ex Parte Domestic Violence Protection Order Revised 6-01
AOC-CV311 Notice of Ex Parte Hearing before District Court Judge Revised 5-94
AOC-CV316 Order Continuing Domestic Violence Hearing and Ex Parte Order Revised 11-99
AOC-J-122; Ex Parte Order to Cease Obstruction of or Interference with Juvenile Investigation
Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Nonresident)
Ex Parte Right to Attach Order and Order for Issuance of Writ of Attachment (Resident)
Ex Parte Application For Extension of Time to Serve Pleading and Orders
Application and Notice of Application and Hearing for Order to Quash Ex Parte Writ of Possession
Declaration for Ex Parte Writ of Possession
Ex Parte Motion for Funds for Expert Assistance in the Fields of Psychiatry/Psychology and Mitigation Investigation
Motion for Permission to Proceed Ex Parte on Applications for Funds
Petitioner's Ex Parte Motion for Order allowing Entry of Judgment on Affidavit in lieu of Hearing; and Order
Petitioner's Ex Parte Motion for Order of Default & Order
Petitioner's Ex Parte Motion for Order of Default; and Order
Ex Parte Motion for Order of Default; and Order
Temporary Ex Parte Restraining Order - From Intiminating Wife or Disposing of Property
Ex Parte Application for Earnings Assignment Order
Ex Parte Application for Restoration of Former Name After Entry of Judgment and Order (Family Law)
Ex Parte Application for Transfe and Order (UIFSA)
Ex Parte Motion by Local Child Support Agency and Declaration for Joinder of Other Parent (Governmental)
WPF DRPSCU07.0550 - Motion/Declaration for Ex Parte Order to Waive Requirements for Notice of Intended Relocation of Children
WPF DRPSCU07.0555 - Ex Parte Order Waiving Notice Requirements for Relocation of Children
WPF DRPSCU07.0800 - Motion/Declaration for an Ex Parte Order Allowing Change of Children's Principal Residence (Relocation)
WPF DRPSCU07.0830 - Ex Parte Order Re: Change of Children's Principal Residence (Relocation)
WPF DRPSCU07.0950 - Motion/Declaration for Ex Parte Order Modifying Parenting Plan/Residential Schedule (Relocation)
The pitter and patter of little feet in a courtroom!
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