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Ex Parte


A Latin term that means “on one side only”, “by or for one party”, “on behalf of one party”, “done for one party or to the benefit of one party”, or “on the application of one party”. A court order or injunction or judicial proceeding is deemed to be ex parte when it is issued or conducted at the instance and for the benefit of one party/ faction only, and without serving a notice to the other party or any interested third party.

An ex parte decision/ order is that made by a judge without requiring all of the parties to the case or dispute to be present at the time.

Ex parte matters refer to temporary orders (e.g., restraining orders, temporary custody, etc.) that are not final, but can be continued at a formal hearing or on an emergency request. An ex parte hearing cannot be held until the other party’s lawyer has been contacted and notified about the time and venue of the hearing.



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