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An ex parte application or motion is a motion brought on an emergency basis because there is not enough time to bring the motion with the full amount of time required for notice to the other side.
This type of motion is seen as ?urgent? because you are asking for a court order before you have had a case conference . A case conference is usually the first chance you and your partner get to speak with a judge about your case. The judge tries to get you to agree on some or all of your issues.
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.
Recap on Ex Parte motions for temporary relief in Florida: Florida Law puts the burden of proof on the party asking for relief. Substantial evidence of a legitimate emergency that would result in irreparable harm must be presented to the courts.
An Emergency Motion is a motion brought without notice to the other side. It is also referred to as an ex parte motion. With this type of motion, the other party is not served with the documents before the motion is considered by a judge.