Ex Parte

Ex parte is a legal term that refers to actions taken or proceedings conducted for the benefit of one party only, without the presence or participation of the other party. This principle is often utilized in situations where immediate action is required to prevent harm or injustice before notifying the other side.

The term ex parte originates from Latin, signifying 'from one party.' It has been used in legal contexts since ancient Roman law to denote proceedings or decisions made in the absence of one of the parties involved.

In modern law, ex parte applications are commonly seen in urgent matters such as restraining orders or temporary injunctions where notifying the other party could result in irreparable harm. Courts typically require a showing of good cause for granting ex parte relief and impose strict scrutiny on such applications to preserve fairness in judicial proceedings.

• An ex parte motion for a temporary restraining order filed by a plaintiff without notifying the defendant.
• A request for an ex parte hearing in family law to obtain emergency custody of a child.

• Trope v. Katz, 11 Cal. 4th 274 (1995), where ex parte procedures were discussed in the context of judicial fairness.