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 refers to a legal request made by one party to a court without the presence or participation of the opposing party. This type of motion is typically filed by a party seeking urgent or immediate relief that cannot be delayed for a traditional hearing involving both parties. Here, we will explore various examples of ex parte motions along with their corresponding keywords and types: 1. Emergency Ex Parte Motion: An emergency ex parte motion aims to address immediate and critical matters requiring urgent court intervention. Keywords: urgent, critical, immediate relief, emergency situation. 2. Temporary Restraining Order (TO) Ex Parte Motion: A TO ex parte motion seeks to secure a temporary injunction to maintain the status quo until a proper hearing can take place. Keywords: temporary injunction, status quo, speedy hearing, preventive measure. 3. Preliminary Injunction Ex Parte Motion: This type of ex parte motion aims to obtain an injunction to prevent a party from taking certain actions that could cause irreparable harm or further damage. Keywords: irreparable harm, preventive measure, temporary relief. 4. Order to Show Cause (OSC) Ex Parte Motion: An OSC ex parte motion is filed to compel the opposing party to appear in court and explain why a specific action should not be taken or a specific order should not be granted. Keywords: compel appearance, explanation, specific order. 5. Ex Parte Motion for Custody: In family law cases, an ex parte motion for custody may be filed to request temporary custody of a child or to modify existing custody arrangements in urgent situations. Keywords: child custody, modification, parenting rights, urgent circumstances. 6. Ex Parte Motion for Discovery: This type of ex parte motion seeks permission to conduct immediate and limited discovery before a scheduled trial or hearing. It is usually allowed when time constraints or the risk of evidence destruction exist. Keywords: immediate discovery, time constraints, evidence preservation. 7. Ex Parte Motion for Substitution of Counsel: An ex parte motion for substitution of counsel may be filed to request the court's approval for a change in legal representation. This is commonly filed to address issues such as conflicts of interest or lack of effective representation. Keywords: legal representation, conflict of interest, change of counsel. It is important to note that the availability and procedures for ex parte motions may vary depending on the jurisdiction and the specific rules of the court. Consulting with a qualified attorney is essential to understand the applicable laws and requirements before filing an ex parte motion.
