Legal Definitions - ex parte

Ex parte is a Latin term that means "from one party." In the legal context, it is used in different ways related to ethics and civil procedure.

In legal ethics, ex parte refers to improper contact with a party or a judge. Lawyers are not allowed to contact the judge or the opposing party without the other party's lawyer being present. This is to ensure fairness and prevent any unfair advantage. A breach of these rules is called improper ex parte contact.

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. These are usually temporary orders that are only in place until further hearings can be held. For example, a temporary restraining order can be granted ex parte if there is an immediate threat of harm.

However, courts are usually hesitant to grant ex parte motions because they risk violating a party's right to due process. Due process is a constitutional right that guarantees fairness and a fair hearing. If one party is excluded from the process, their rights may be violated.

A lawyer contacts a judge without the other party's lawyer being present to discuss the case. This is improper ex parte contact and is not allowed.

A victim of domestic violence files for a temporary restraining order against their abuser. The court grants the order ex parte because there is an immediate threat of harm. The abuser will have a chance to respond at a later hearing.

The examples illustrate how ex parte is used in legal ethics and civil procedure. In the first example, the lawyer's contact with the judge is improper because it violates the rules of fairness and impartiality. In the second example, the court grants a temporary order ex parte to protect the victim from harm, but the abuser will have a chance to respond later to ensure fairness and due process.