Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is one 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. 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.
An ex parte motion sample with motion refers to a legal document filed by one party in a court case without any notice or participation from the opposing party. It is typically used in urgent situations where immediate action is required and there is not enough time for a regular hearing. The purpose of an ex parte motion sample with motion is to request the court for a specific order or relief that cannot wait for the regular hearing process. The filing party must demonstrate that there is an emergency or imminent harm that necessitates the need for immediate action. There are various types of ex parte motion samples with motion, each addressing different legal issues. Some common types include: 1. Ex Parte Temporary Restraining Order (TO) Motion: This motion seeks a court order to grant immediate restraining orders or injunctive relief to prevent harm or maintain the status quo until a hearing on the matter can be held. 2. Ex Parte Motion for Custody: This motion is filed in family law cases where one party seeks emergency custody of a child. It may be based on concerns for the child's welfare or safety, such as cases involving abuse or neglect. 3. Ex Parte Motion for Emergency Preliminary Injunction: This motion requests the court to issue an injunction to prevent irreparable harm until a formal hearing can take place. It is commonly used in cases involving the protection of intellectual property rights or business interests. 4. Ex Parte Motion for Emergency Relief: This motion seeks immediate court intervention to address urgent matters such as domestic violence, eviction, or foreclosure. It provides temporary relief until a full hearing can be scheduled. When drafting an ex parte motion sample with motion, it is crucial to follow the specific rules and guidelines set by the applicable jurisdiction. The filing party must clearly state the emergency circumstances, the requested relief, and provide supporting evidence or documentation to substantiate the urgency of the matter. It is important to note that the use of ex parte motions with motion should be reserved for truly urgent situations where immediate action is necessary to protect the interests of the filing party or prevent irreparable harm. The court will carefully consider the merits of the motion before granting any relief.
