Maxims | International Wiki Legal Encyclopedia      Just another lawinorg site
Search in more than 1.500.000 entries

Ex Parte

Latin for “by one party.” Ex parte refers to a kind of legal proceeding initiated for the benefit of only one party. A party applies for an ex parte proceeding, and if granted, the adversary may not be notified that it will occur. At an ex parte hearing, only one side to a dispute is heard. An ex parte order may be issued from such a proceeding. Temporary restraining orders, for example, may be granted ex parte. In such cases, the plaintiff must persuade a court that the defendant’s actions are so harmful that the restraining order should be issued absent arguments from the defendant. An ex parte order may also be issued following a proceeding where one party, despite notification, fails or chooses not to appear.

See Also

Injunction (Civil Process).

Analysis and Relevance

An ex parte proceeding is uncontested. It allows an individual to pursue legal support from a court on his or her own behalf. In addition to restraining orders, ex parte proceedings are often used in uncontested civil actions, such as divorces or habeas corpus prisoner petitions. Ex parte cases are easily identified in reports of judicial proceedings because the words “ex parte” will appear first, followed by the name of the party seeking a remedy from the court.

Notes and References

  1. Definition of Ex Parte from the American Law Dictionary, 1991, California

Ex Parte Definition

(Lat. of the one part.) Many things may be done ex parte, when the opposite party has had notice. An affidavit or deposition is said to be taken ex parte when only one of the parties attends to taking the same. Many proceedings commenced by an ex parte application, as for writ of habeas corpus, are so entitled, as Ex parte Hartman, 9 Abb. Pr. (N. S.) 124.

Ex Parte in Foreign Legal Encyclopedias

Link Description
Ex Parte Ex Parte in the World Legal Encyclopedia.
Ex Parte Ex Parte in the European Legal Encyclopedia.
Ex Parte Ex Parte in the Asian Legal Encyclopedia.
Ex Parte Ex Parte in the UK Legal Encyclopedia.
Ex Parte Ex Parte in the Australian Legal Encyclopedia.

Back to Top

Browse the American Encyclopedia of Law for Ex Parte

Scan Ex Parte in the appropriate area of law:

Link Description
Ex Parte Ex Parte in the Family Law Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the IP Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Commercial Law Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Criminal Law Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Antritrust Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Constitutional Law Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Tax Law Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the and Finance and Banking Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Employment and Labor Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Ex Parte Ex Parte in the Environmental Law Portal of the American Encyclopedia of Law.

Back to Top

Explore other Reference Works

Resource Description
Ex Parte in the Dictionaries Ex Parte in our legal dictionaries
https://maxims.lawin.org/ex-parte The URI of Ex Parte (more about URIs)
Ex Parte related entries Find related entries of Ex Parte

Back to Top

Legal Issue for Attorneys

(Lat. of the one part.) Many things may be done ex parte, when the opposite party has had notice. An affidavit or deposition is said to be taken ex parte when only one of the parties attends to taking the same. Many proceedings commenced by an ex parte application, as for writ of habeas corpus, are so entitled, as Ex parte Hartman, 9 Abb. Pr. (N. S.) 124.

More Resources

Access Points to the American Encyclopedia of Law

Access to the Encyclopedia is provided by alphabetical arrangement of entries, table of cases, table of laws, briefs and tables of contents.

Legal Thesaurus Dictionary

Because some legal concepts are too complicated to compress to a single word or term, the legal thesaurus dictionary allows the reader to search for groups of terms, including synonyms, antonyms, expanded legal meanings and other terms the reader is likely to use. The resource includes lists, synonym rings , subject categories, taxonomies and a number of schemes.

Legal Indexes

The Index is a collection of entries to allow users to locate information in the Lawi Projects. After write down relevant words and phrases that you need, begin looking up the words and phrases using the index until you have located an applicable subject to review.

Indexes of All Encyclopedias:
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z

Index Description
General Index Index of general information about the Encyclopedia
Classified index Headings arranged on the basis of relations among concepts represented by headings, based on the Lawi Classification Scheme
Topical Index A comprehensive and easy guide to the topics of the legal Encyclopedia
Citation Index Index of links between citing and cited entries
Subject Index Identify and describe the subjects of the Encyclopedia
Alphabetical Index A-Z Index of all the Entries
Thematic Index Correlation of terms in a meaningful hierarchical order
Permutation Index A type of index in which significant words in the titles function as subject headings
Browse Index Browse the Encyclopedia by Index
Sitemap Index Sitemap Index, including Taxonomies

Notice

This definition of Ex Parte Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Ex Parte

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 238 EX PARTE(Latin: “From the part [of]. “) A legal proceeding is said to be ex parte if it occurs on the application or for the benefit of one party without notice to or contest by an adverse party. In the reports such a case is entitled “Ex parte ” followed by the name of the party at whose instance
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Meaning of Ex Parte

In plain or simple terms, Ex Parte means: By or for a single party; done for, in behalf of or on the application of one party only as distinguished from an adversary (contested).

Resources

See Also

  • Legal Topics.
  • Further Reading (Articles)

    Ex Parte Communications in a Time of Terror, The Georgetown Journal of Legal Ethics; April 1, 2005; Kerr, Kathleen

    COMMISSIONER STANWISE OPPOSES PROPOSED RULE FOR EX PARTE COMMUNICATIONS, US Fed News Service, Including US State News; March 6, 2007

    The View against Arbitral Ex Parte Interim Relief, Dispute Resolution Journal; August 1, 2003; Derains, Yves

    USPTO Reverses Course to Permit Anonymous Ex Parte Reexamination Requests, Mondaq Business Briefing; August 13, 2012; Baluch, Andrew

    Arbitral Ex Parte Interim Relief, Dispute Resolution Journal; August 1, 2003; Castello, James E.

    Ex Parte Young, Stanford Law Review; February 1, 2008; Harrison, John

    Ex parte contact with patient’s treating physicians by counsel ok.(Brief Article), Medical Law’s Regan Report; February 1, 2002; Tammelleo, A. David

    Ex Parte TRO’s: Courts Don’t Like Them.(temporary restraining order)(Legislation), Mondaq Business Briefing; February 14, 2012; Greco, Michael

    FLORIDA ATTORNEY GENERAL ISSUES ADVISORY LEGAL OPINION ON PLANNING & ZONING BOARD, EX PARTE COMMUNICATIONS, US Fed News Service, Including US State News; September 26, 2007

    Guidance on prohibition of ex parte communications.(IRS guidance), The Tax Adviser; January 1, 2000; Fitzgerald, Sarah B. Roberts, Lauren

    Ex Parte Seizures – A Heavier Burden For The Victim., Mondaq Business Briefing; October 6, 2004

    FCC WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCES MODIFICATION OF EX PARTE STATUS, US Fed News Service, Including US State News; December 22, 2006

    Piggyback Ex Parte Reexaminations Are Clipped by The USPTO.(United States Patent and Trademark Office ), Mondaq Business Briefing; September 7, 2004

    Ex Parte Redux – Justice Hughes Revisits Without Notice Injunctions in Copyright Cases.(Intellectual property), Mondaq Business Briefing; May 22, 2006

    Temporary PFA Orders Require Ex Parte Hearings, Mondaq Business Briefing; June 12, 2013

    Does defendant’s ex parte contact with plaintiff’s Dr. violate HIPAA?(Health Insurance and Portability Accountability Act of 1996), Medical Law’s Regan Report; March 1, 2004; Tammelleo, A. David

    Federal Court of Appeal Confirms Duty of Full Disclosure in Ex Parte Production Applications, Mondaq Business Briefing; April 10, 2013

    Ex-parte contact with plaintiff’s treating physicians prohibited.(Medical Law Case on Point), Medical Law’s Regan Report; August 1, 2007; Tammelleo, A. David

    An Inapt Fiction: The Use of the Ex Parte Young Doctrine for Environmental Citizen Suits against States after Seminole Tribe, Environmental Law; September 22, 1997; Flora, Courtney E.

    Patent Row on A Procedural Turf: The Issue of Ex-Parte Ad-Interim Injunctions, Mondaq Business Briefing; November 15, 2012

    ex parte in relation to Invention and Patent Law

    a procedure between a single party and a decision maker, as opposed to inter partes which is a procedure between a two parties with a decisionmaker. The patent prosecution process is an ex parte procedure.



    Learning is Our Passion


    This entry about Ex Parte has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the Ex Parte entry and the Lawi platform are in each case credited as the source of the Ex Parte entry. Please note this CC BY licence applies to some textual content of Ex Parte, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. For guidance on citing Ex Parte (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry".

    Cite this entry

    Legal Citations Generator

    (2017, 01). Ex Parte maxims.lawin.org Retrieved 11, 2022, from https://maxims.lawin.org/ex-parte/

    01 2017. 11 2022 <https://maxims.lawin.org/ex-parte/>

    "Ex Parte" maxims.lawin.org. maxims.lawin.org, 01 2017. Web. 11 2022. <https://maxims.lawin.org/ex-parte/>

    "Ex Parte" maxims.lawin.org. 01, 2017. Accesed 11 2022. https://maxims.lawin.org/ex-parte/

    Jim Herzog, 'Ex Parte' (maxims.lawin.org 2017) <https://maxims.lawin.org/ex-parte/> accesed 2022 November 27

    Usage Metrics

    1361 Views. 1075 Visitors.

    Google Scholar: Search for Ex Parte Related Content

     

    Schema Summary

    • Article Name: Ex Parte
    • Author: Jim Herzog
    • Description: Ex Parte Latin for by one party. Ex parte refers to a kind of legal proceeding initiated for the benefit of only one party. [...]

    This entry was last updated: July 19, 2017

    Long Read



    Recent Comments