Also known as: ex parte order · ex-parte order · ex-parte orders · ex parte · exparte
Written by attorneys · grounded in primary & secondary sources — see below
A judicial directive entered without prior notice to the opposing party. Such an order may issue only when specific facts in a sworn filing demonstrate that immediate and irreparable injury will occur before the adverse party can be heard and when counsel certifies efforts to provide notice or explains why notice should not be required.
Select any source to read its text and confirm it supports the definition.
Eva Espinosa's lawyer called the judge at 10 p.m. to request a hearing date change because a key witness had fallen ill. The judge listened to the request, noted the new date on the calendar, and ended the call without discussing any substantive issues. The next morning the judge notified the opposing counsel of the conversation and offered an opportunity to object.
Ezra Eastman sought an ex parte temporary restraining order to prevent the immediate destruction of documents. His lawyer disclosed to the court every known fact bearing on the request, including several facts that undercut the claim of urgency. The court relied on the complete disclosure to decide whether to grant relief without notice.
Emily Ellis sued a state licensing official in federal court for ongoing enforcement of a statute she claimed violated federal law. She requested only prospective relief that would stop future application of the statute. The court permitted the suit to proceed against the official despite the state's sovereign immunity defense.
Edith Eberhardt's counsel telephoned the judge to request an immediate hearing on a motion because a shipment of perishable goods was scheduled to leave the jurisdiction at dawn. The judge confirmed the hearing time, made no mention of the merits, and promptly notified the other side of the call so that both parties could appear.
Esther Eisenberg attempted to speak with a discharged juror about the verdict without first obtaining a court order. The presiding judge learned of the contact and reminded counsel that any post-verdict communication with jurors required prior judicial authorization.
Erika Echevarria's attorney left a voicemail with the judge about resetting a status conference. The judge reviewed the message, concluded that neither side would obtain any tactical benefit from the brief exchange, and immediately informed the opposing party of its content.
A court may issue the order only when the movant presents specific facts in a sworn affidavit or verified complaint showing that immediate and irreparable injury will occur before the adverse party can be heard. The movant's attorney must also certify in writing the efforts made to give notice or explain why notice should not be required.
A preliminary injunction is a longer-lasting form of relief that can remain in effect until final judgment. The rules therefore require notice and an opportunity to be heard before it is entered. A temporary restraining order is strictly limited in duration and serves only as a short-term bridge until a noticed hearing can occur.
…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,…
…appearance for the purpose of moving to quash service of process and to vacate the sequestration order. They contended that the ex parte
…Virginia , 129 U. S. 114. Cf. Slochower v. Board of Education , 350 U. S. 551; Wieman v. Updegraff , 344 U. S. 183. And see Ex parte Secombe , 19 How. 9, 13. A State can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any…
…Court said only that in a replevin suit between two private parties the initial determination required something more than an ex parte proceeding before a court clerk. Similarly, Bell v. Burson, supra , at 540, held, in the context of the revocation of a state-granted driver's license, that due process required only that…
…1117 (1976); State v. Ware ,—R. I. —, 418 A. 2d 1 (1980); Roe v. State , 584 S. W. 2d 257, 259 (Tenn. Crim. App. 1979);
The court lacks the procedural basis to issue the order. Even a verified complaint that adequately shows immediate irreparable harm is insufficient without the separate written certification describing notice efforts or the reasons notice should be dispensed with.
A judge may not initiate, permit, or consider such a communication unless it falls within a narrow exception for scheduling, administrative, or emergency purposes that does not address substantive matters. Even then the judge must promptly notify all other parties and give them an opportunity to respond.