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
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
- 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. |
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. |
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| 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 |
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.
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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
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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
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.