Order stating that referees were properly objected to by party to dissolution proceeding, and as such are removed.
Minnesota Ex Parte Motion and Order Removing All Referees
Category:
State:
Minnesota
Control #:
MN-8755D
Format:
Word;
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FAQ
What Is an Ex Parte Order? An ex parte order is one that is made without the other party being made aware of it. They often provide instant relief, albeit on a temporary basis. They are issued when immediate relief is needed and when scheduling a regular hearing and providing notice to the other party is not feasible.
What Happens After the Judge Reviews the Ex Parte Motion? The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Because the other party was not present, the order is only temporary.
The court may grant ex parte relief without notice to the opposing party. An ex parte application presented without notice must be accompanied by a declaration that, for reasons specified, the applicant should not be required to inform the opposing party.
You can apply for an OFP for a child in your family or household. If you are worried about abuse of an adult in someone else's family or household, call Minnesota Adult Abuse Report Center at (844) 880-1574.
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.
You can contact the state or district attorney or inform the police that you wish to apply for an order of protection. You can also go to the county in which you or your abuser resides, and ask the court clerk for "Order of Protection" forms, which must be filled out.
An order that is issued ex parte means that it is issued without prior notice to the other parent, based only on your affidavit/testimony. If the judge issues an emergency ex parte order, the judge will schedule a hearing within 14 days2 and the respondent but be served at least 5 days before that hearing.
After the ex parte decree is set aside, the suit is again restored to file and parties are demoted to the position they held before the non-presence of the opposite party, and the court will take action with the suit de novo and determine on merits.