Ex Parte Motion Meaning
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FAQ
Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding.
Without notice injunctions (or as lawyers call them ? ex parte ? ) are a court application for an order without telling the other side you are going to get it. A family order about children can be applied for this way too.
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.
Ex-parte in our adjectival laws means proceedings brought on behalf of one interested party without notice to, and in the absence of the other party. This means that the application for interim injunction brought ex-party is heard by trial judges in the absence of the adverse party.
Therefore, if you do not attend a court hearing it could be many months before you get another date, or in some situations, the court may make cost orders against you (to reflect the costs wasted by you not going to the court hearing) or even proceed in your absence and make an interim or final court order.