Also known as: ex-unaparte · ex parte
Written by attorneys · grounded in primary & secondary sources — see below
A communication or proceeding conducted with or for only one party without notice to or participation by the opposing party.
Select any source to read its text and confirm it supports the definition.
Emerald Enterprises files an emergency motion late at night. The judge receives a telephone call from Emerald's counsel describing the need for immediate scheduling relief. The judge discusses only the date for a hearing and makes no reference to the merits. The judge promptly notifies opposing counsel of the conversation and offers a chance to respond.
Ezra Eastman appears alone before a federal magistrate seeking a temporary restraining order. Ezra's lawyer knows that the defendant already holds a prior inconsistent order from another court but does not disclose it. The magistrate later learns of the omitted fact and vacates the order.
Emma Erickson appears alone before a federal judge seeking an ex parte temporary restraining order against a state environmental commissioner. She presents only her own affidavits and omits any notice to the commissioner. The judge grants relief after the one-sided hearing.
Enzo Eastwood's lawyer telephones the judge's chambers to request a new hearing date after a key witness falls ill. The judge agrees to the date change but fails to notify the opposing party or give that party an opportunity to object before entering the revised schedule.
Eric Espinoza's counsel learns that a seated juror has a question about an exhibit. Counsel telephones the juror directly to clarify the exhibit without obtaining a court order or notifying the prosecutor. The contact occurs while deliberations are still pending.
Emmett Egan's attorney telephones the judge to request an emergency continuance because of a family medical crisis. The judge grants the continuance after concluding that the opposing party will suffer no tactical disadvantage and immediately notifies the other side of the call.
A judge may initiate such a communication only when circumstances require it, the communication addresses only scheduling or administrative matters, and the judge reasonably believes no party will gain an advantage. The judge must also notify all other parties promptly and give them an opportunity to respond.
A lawyer appearing in an ex una parte proceeding must disclose all material facts known to the lawyer that will enable the tribunal to make an informed decision, including facts that are adverse to the client's position.
The judge must promptly notify the parties of the substance of the communication and give them an opportunity to respond.
…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…