Ex Parte

What is ex parte?

“Ex parte” translates to “from or on behalf of one party” in Latin. It’s used when a judge makes contact with only one side in a legal matter—whether the plaintiff, defendant, or their attorneys—but not the other party. 

Ex parte has a few different meanings, depending on the context in which it’s used. These include but are not limited to the following terms.

• Ex parte hearing: A court hearing where only one party is present with a judge. 
• Ex parte motion: A request for a court order without notifying the other party. 
• Ex parte order: A court order granted without hearing from all parties. 

Ex parte interactions are rare because they go against the right to due process protected by the Fifth and Fourteenth Amendments. As a result, courts generally allow ex parte proceedings only if there’s an urgent and demanding reason, such as when a child’s safety is at risk, and one party needs immediate custody for their protection. 

Outside exceptional circumstances like these, ex parte communications are prohibited.

FAQs

What does ex parte mean in court proceedings?

Ex parte refers to one-sided interactions in legal matters, such as hearings, motions, or orders, where only one party is present. While some ex parte actions are legitimate in emergencies, they’re generally discouraged since all parties have the right to be heard.

What’s the difference between an ex parte and a temporary restraining order?

Ex parte describes how a legal action happens (i.e., with one party), whereas a restraining order is a specific court order that prohibits one person from making contact with another. A temporary restraining order can be granted through normal court proceedings or through an ex parte hearing in exceptional cases. 

What happens after an ex parte order is granted?

Ex parte orders are usually short and temporary. Once granted, the court will schedule a full hearing (typically within weeks) to give both parties a chance to present their cases. After hearing both sides, the judge may modify, terminate, or extend the original order. 

Is ex parte illegal?

Ex parte by itself isn’t illegal—it’s just a way to describe court interactions. That said, unauthorized ex parte communications (such as holding an ex parte hearing for an ordinary court case) violate judicial rules and constitutional rights to due process, which can carry consequences. 

Why would an ex parte be denied?

Courts typically deny ex parte applications when the situation doesn’t justify immediate action without hearing from the other party. The requesting party must prove genuine urgency, including why notifying or having the other party present would jeopardize the situation further.