Ex Parte
Literal meaning: “From one party; on one side only.”
What does the Latin term "Ex Parte" mean in law?
Ex parte refers to a proceeding or communication involving only one party, without notice to or participation by the opposing side. Ex parte orders — such as temporary restraining orders or emergency protective orders — may be issued when immediate action is needed and providing notice would be impracticable or would defeat the purpose of the relief sought. Ethical rules generally prohibit ex parte communications between a judge and a party regarding the substance of a pending matter. In appellate practice, case names beginning with 'Ex parte' (e.g., Ex parte Milligan) indicate that the proceeding was brought by or on behalf of one party only.
Source: Procedure · Legal Latin
Legal Definition
Ex parte refers to a proceeding or communication involving only one party, without notice to or participation by the opposing side. Ex parte orders — such as temporary restraining orders or emergency protective orders — may be issued when immediate action is needed and providing notice would be impracticable or would defeat the purpose of the relief sought. Ethical rules generally prohibit ex parte communications between a judge and a party regarding the substance of a pending matter. In appellate practice, case names beginning with 'Ex parte' (e.g., Ex parte Milligan) indicate that the proceeding was brought by or on behalf of one party only.
How It's Used
Ex parte is used to describe motions, hearings, or communications conducted without the opposing party's presence. It arises in discussions of temporary restraining orders, emergency relief, and judicial ethics. Attorneys must be careful to avoid improper ex parte contact with judges.
Example Sentences
The plaintiff obtained an ex parte temporary restraining order to prevent the defendant from destroying evidence.
The judge admonished counsel for engaging in ex parte communication about the merits of the pending case.
Ex parte Milligan held that military tribunals could not try civilians while civil courts remained open.