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In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
A) The first document to file is the "Application" to have a motion heard on shortened time (i.e., an Ex Parte Application) which must explain the reasons and must contain admissible evidence to support the need to have a motion heard on less than 21 days notice.
Related Content. Latin term meaning "by or for one party." The term refers to an attorney's communication with: A judge or arbitrator without notice to, and outside the presence of, the other parties.
There are certain situations in civil litigation in California where an application for an order shortening time is necessary such as: Situations where a trial date is fast approaching and there is not enough time for a motion, such as a discovery motion, to be heard on regular notice.
Ex parte. (ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only.