Also known as: ex-parte · exparte · without notice · one-sided
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim describing action taken by or for one party without notice to or argument from any opposing party. The phrase applies to court orders, communications with a tribunal, corporate meetings, and agency relationships when one side proceeds unilaterally.
Edward Everett conveyed Blackacre to Emily Ellis by deed that she never recorded. Edward later conveyed the same parcel to Eastern Electric, which recorded first without actual knowledge of the prior deed. Eastern Electric obtains priority under the recording act because it took without notice of the unrecorded interest.
Elite Dynamics files a verified complaint and affidavit showing that Echo Systems will destroy unique software code at midnight. The court issues a temporary restraining order that states the date and hour issued, describes the irreparable injury, explains why notice was omitted, and sets a prompt hearing. The order expires in fourteen days unless extended.
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The articles of Everest Holdings are silent on notice. The board convenes its regular monthly meeting at the usual time and place without sending any notice to directors. Actions taken at the meeting are valid because regular meetings may proceed without notice under the default rule.
Counsel for Eduardo Enriquez telephones the judge to reschedule a hearing because of a medical emergency. The judge reasonably believes neither party gains an advantage and promptly notifies opposing counsel of the call and its substance, giving them an opportunity to respond.
Erika Echevarria seeks an ex parte temporary restraining order to prevent immediate dissipation of assets. Her lawyer discloses to the court every material fact known, including facts that weaken the request, so the tribunal can decide whether relief is warranted.
Elijah Edwards, the principal, dies. His agent, unaware of the death, continues to enter contracts on Elijah's behalf. The agent's authority terminates immediately upon the principal's death even though no notice reached the agent.
A court may issue a TRO without notice only when specific facts in an affidavit or verified complaint clearly show immediate and irreparable injury before the adverse party can be heard and the movant certifies efforts to give notice or why notice should not be required.
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A lawyer must inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.
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A judge shall not initiate, permit, or consider ex parte communications concerning a pending or impending matter except for permitted scheduling, administrative, or emergency purposes that do not address substantive matters and satisfy the listed safeguards.
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Yes. The death of the principal terminates the agent's authority without notice to the agent, subject only to narrow exceptions stated in the Restatement.
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Unless the articles or bylaws provide otherwise, regular meetings of the board may be held without notice of the date, time, place, or purpose of the meeting.
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…2014–NMSC–003, N. M. , 316 P. 3d 865 (2013) Garden State Equality v. Dow , 216 N. J. 314, 79 A. 3d 1036 (2013) Ex parte State ex rel. Alabama Policy Institute , So. 3d , 2015 WL 892752 (Ala., Mar. 3, 2015) Appendix B State Legislation and Judicial Decisions Legalizing Same-Sex…