An order that is made ex parte is one that is issued without the other party being informed of its existence. They frequently offer almost instantaneous relief, albeit only in the short term. They are given out when there is a pressing need for urgent relief, but it would be impossible to schedule a regular hearing and give notice to the opposite party.
In the context of civil procedure, ex parte motions can be granted without first waiting for a response from the opposing party. In most cases, these are orders that are only put into effect temporarily until more hearings can be made; an example of this would be a temporary restraining order.
A motion to make an ex parte hearing is normally met with reluctance by the court. This is because both the Fifth and the Fourteenth Amendments guarantee a right to due process, and ex parte motions run the risk of breaching the right to due process of the party that is excluded from the proceeding because of the exclusion of that party.
An ex parte notice asks for a court order before the other party has an opportunity to be heard on your request.
The judge has the discretion to grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order, depending on the circumstances. The order is just provisional because the opposite party was not present when it was issued.
The following are some examples of orders that are considered to be ex parte:
- Stop the opposite party from removing a child from the country or state by whatever means necessary.
- Make sure the opposite side doesn’t wreck any of their own property.
- In a divorce case, you should take precautions to ensure that the other party does not remove any assets
- Demand that the other person keeps their distance and stops harassing you.
Within a time frame that is considered to be reasonable, the court is required to hold a hearing at which both parties are present. In some places, a full hearing is required to take place within ten days, whereas in others, a full hearing is required to take place within 14 to 20 days. To ensure that the other party’s due process rights have been honored, the purpose of the hearing is to question and investigate their claims.
If the judge decides to deny your ex parte application, the court may hold a hearing immediately after making that decision. At the hearing, both you and the respondent are required to be present.
What Rules Govern Ex Parte Orders?
Ex parte court rules permit certain conversations with a judge or other court staff that take place outside of public view. For instance, if you are contesting a citation (sometimes known as a “ticket”) for a traffic violation, the law permits you to submit a written explanation directly to the court. This is the case even if you contest the citation’s validity. Your written statement can be mailed in the envelope that comes with the ticket, which has already been pre-addressed for you. The instructions on how to do this are printed on the ticket itself.
Additionally, judges have the ability to hear emergency requests for a temporary restraining order ex parte where it is impossible to notify the other party in time. Judges may also consider ex parte secret letters written during a settlement conference in certain circumstances. Finally, you are free to communicate with the court on the scheduling or status of your case.
Although the use of ex parte proceedings in state courts can vary (for instance, in child custody cases, replevin cases, and other civil matters), most state courts utilize it in some shape or form.
For instance, in the states of California and Illinois, ex parte proceedings may be requested if notice is submitted before 10 a.m. on the court day prior or even earlier if it can be demonstrated that there is an urgent want for them.
Because the majority of courts in these two states convene law and motion hearings in the wee hours of the morning, this notice is often confirmed by facsimile, although oral notice may be valid.
While certain California courts have processes in place that enable litigants to appear in court via telephone, other courts in the state do not permit any oral argument and instead only review the textual materials submitted.
In the state of California, the party that submits an ex parte application is required to submit a statement stating that they have complied with these conditions. The court will not issue any relief if such a declaration is not submitted.
An ex parte application must, in addition to complying with the criteria for providing notice, include an actual affirmative showing in a declaration that is based on personal knowledge of “irreparable harm, urgent danger, or any other statutory cause for obtaining relief ex parte.”
Can an Ex Parte Order Be Overturned?
The court will deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief.
During the whole hearing, both you and the respondent will have the opportunity to present evidence through the use of testimony and any other documents, such as photographs, medical records, and police reports, that you may have.
The responder has the opportunity to raise an objection to the ex parte order. The temporary ex parte order must be replaced with a decision from the judge regarding whether or not to issue a permanent order. In the event that the judge determines that you do not require a permanent injunction, they will dismiss the petition and void, or get rid of, the ex parte ruling.
The court will most likely dismiss the order if you fail to show up for the hearing. In the event that the respondent does not appear in court, it is likely that you will be granted a permanent order that is in effect for a period of time equal to or slightly longer than one year.
In some places, if a responder fails to appear in court, the judge has the authority to grant a permanent injunction without further consideration.
In the event that the respondent appears in court but does not challenge the order, the ex parte order will be converted into a permanent order without any testimony being taken. A trial will be held if the respondent shows up and raises objections to the order.
You and the responder will each have the opportunity to testify and provide evidence. After there, it is up to the judge to decide whether or not you require a permanent injunction or whether or not the petition should be dismissed.
Should I Hire a Lawyer for Help With an Ex Parte Order?
Orders made in the absence of a party are known as ex-parte orders, and they are extremely strong instruments that can have legal effects in a very short amount of time.
In addition to this, dealing with them might be challenging because one of the parties is not even present at the hearing.
Contacting a criminal lawyer as soon as possible is recommended in the event that you require assistance with an ex-parte order, such as an ex-parte relief. Your attorney can assist you in obtaining protection straight away. Or, if you need assistance contesting a ruling that was made ex parte, you can ask an attorney for assistance with that as well.