Legal Definitions - ex parte proceeding

Definition: An ex parte proceeding is a legal proceeding in which only one party is present or given the opportunity to be heard. It is a type of proceeding that is conducted without the presence of the other party or parties involved in the case.

Example: A common example of an ex parte proceeding is when a party requests an emergency restraining order against another party without notifying the other party. In this case, the court may grant the restraining order without hearing from the other party because of the urgency of the situation.

Explanation: The example illustrates an ex parte proceeding because only one party is present or given the opportunity to be heard. The party requesting the restraining order is the only one present in court, and the other party is not notified or given the opportunity to be heard before the order is granted. Ex parte proceedings are typically used in emergency situations where immediate action is necessary, but they are generally not favored because they do not allow for a fair and balanced hearing.