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.
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.
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