Also known as: ex parte orders · ex-parte order · ex-parte orders · ex parte · ex-parte
Written by attorneys · grounded in primary & secondary sources — see below
An order made by the court upon the application of one party to an action without notice to the other.
Select any source to read its text and confirm it supports the definition.
Edward Everett files an emergency motion for a temporary restraining order against his former business partner. The assigned judge receives a telephone call from Everett's counsel describing the urgency after hours. The judge declines to discuss the merits and instead directs counsel to file the papers for proper docketing.
Rivera appears before an on-call probate judge seeking an ex parte order authorizing surgery for an unconscious patient. Rivera discloses the patient's prior religious objections documented in the hospital chart. The judge issues the order only after receiving the complete factual picture.
Paula files an ex parte motion in federal court for a temporary order enjoining the state health commissioner from future violations of overtime laws. She supplies affidavits showing irreparable harm if notice is given first. The court grants the ex parte order after finding extraordinary circumstances justify proceeding without notice.
Emma Erickson requests a brief administrative call with the judge to reset a hearing date because her witness is unavailable. The judge confirms that opposing counsel will be notified immediately and that no substantive issues will be discussed. The call proceeds under the emergency exception for non-substantive matters.
Elena Estrada learns that a juror has posted about the case on social media during deliberations. She files an ex parte application for permission to communicate with the juror to investigate possible misconduct. The court denies the application because no statute or order authorizes the contact.
Ezra Eastman telephones the court to report that a key witness has fallen ill and requests a one-day continuance. The judge confirms that the call addresses only scheduling and that no party gains an advantage. The judge promptly notifies all counsel and allows them to respond before ruling.
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.
A judge may consider an ex parte communication only when it concerns scheduling, administrative, or emergency purposes that do not address substantive matters and when the judge reasonably believes no party will gain an advantage.
Sovereign immunity does not bar an ex parte motion seeking prospective injunctive relief against a state officer to halt ongoing violations of federal law.
…common-law tradition is one of live testimony in court subject to adversarial testing, while the civil-law tradition relies on ex parte examinations. Pp. 3–8. (b) The historical evidence leaves little doubt that the principal evil at which the Confrontation Clause was directed was the civil-law mode of criminal procedure,…