The Truth About Ex-Parte Orders
The definition of ex parte is “for one party,” referring to motions, hearings, or orders granted on the request of and for the benefit of one party only. According to the Fifth Amendment to the U.S. Constitution, “No person shall … be deprived of life, liberty, or property, without due process of law.” Due Process and Fair Notice As a country, we believe one of the tenets of due process is fair notice to parties who may be affected by legal proceedings. Therefore, any time someone initiates a court proceeding, they are required to give notice to all parties involved. However, adequate notice of judicial proceedings to concerned parties may at times work irreparable harm to one or more of those parties. In such a case, the threatened party or parties may receive an ex parte court hearing to request temporary judicial relief without notice to, and outside the presence of, other persons affected by the hearing. When Are Ex-Parte Orders Used? Ex parte judicial proceedings are usually reser...