The procedure for an ex parte application depends on the state. In some states, you submit an ex parte application or motion to the judge along with your affidavit and any exhibits you want to attach.
The purpose of this application is to convince the judge that you, as the petitioner, need an immediate order because of an urgent situation.
The stronger your affidavit and supporting documents, the more likely you are to have an ex parte order granted. In some states, the judge will review the application and supporting documents and either grant or deny the ex parte order on the strength of the documents without meeting you.
In other states, the judge will want you to appear and will ask you questions to determine whether your situation is a true emergency.
In many states, you present your ex parte application to the judge the same day you file it in court. The clerk will ask you to wait in the courthouse until the judge can either review the papers or until the judge wants to speak with you. In other states, such as California, you must give notice to the other party the day before the emergency hearing or there's a risk of having the request denied. California's requirement of notice is unnecessary, though, if you can prove there's a serious risk of violence if the ex parte order is not granted.
The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Because the other party was not present, the order is only temporary. Some examples of ex parte orders are orders that:. The court has to hold a hearing, with both sides present, within a reasonable amount of time.
Some states require a full hearing to occur within 10 days, while others require a full hearing in 14 to 20 days. The purpose of the hearing is to make sure the other party has been given their due process rights. If the judge denies your ex parte application, a hearing may still be held shortly after the denial.
You and the respondent both must appear at the hearing. At the full hearing, you and the respondent present evidence through testimony and any other documents you may have, such as photos, hospital records, and police reports. The respondent can object to the ex parte order. The judge must decide whether to issue a permanent order to replace the temporary ex parte order. If the judge doesn't believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order.
If you fail to appear at the hearing, the judge will dismiss the order. If the respondent fails to appear, it's likely you will receive a permanent order that is effective for approximately one year. In some states, the respondent's failure to appear allows the judge to grant a permanent order automatically.
If the respondent appears and doesn't contest the order, the ex parte order will convert to a permanent order without any testimony. If the respondent appears and objects to the order, there will be a trial. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free!
Log in Sign Up. Save Word. Definition of ex parte. Did you know? Example Sentences Learn More About ex parte. Examples of ex parte in a Sentence Recent Examples on the Web The temporary restraining order — known as an ex parte order — was granted shortly thereafter, with a hearing scheduled for July 23, at which point Bauer can formally dispute the woman's accusations, which has publicly denied through his agent. First Known Use of ex parte , in the meaning defined at sense 1. History and Etymology for ex parte Medieval Latin.
Learn More About ex parte. Time Traveler for ex parte The first known use of ex parte was in See more words from the same year. Listen to Our Podcast About ex parte.
Get Word of the Day delivered to your inbox! Sign Up. This ban helps judges decide cases fairly since their decisions are based only on the evidence and arguments presented to the court and the applicable law. It also preserves public trust in the legal and court system. In a civil case, the party who initiates the lawsuit is called the plaintiff or, sometimes, the petitioner or complainant.
The party against whom the lawsuit is brought is called the defendant or, sometimes, the respondent. Would you like it if the judge spoke to the other parties about your case without your knowledge? Probably not! The rule banning ex parte communications ensures that the court process is fair and that all parties have the same information as the judge who will be deciding the case.
When all parties have the same information, a party who disagrees with the information can contest it in court. If you want to tell the judge about your case or ask the judge to take a certain action in your case, you should file a written motion with the clerk of the court in which your case was filed explaining what relief you are seeking and why you are entitled to that relief.
Usually, the judge will schedule a hearing on your motion.
0コメント