Also known as: ex parte · without notice to the other party
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase describing judicial or administrative action taken without notice to or participation by the opposing party. The phrase signals that one side alone has presented its position to the decision maker.
Isaiah Ishikawa's lawyer telephoned the assigned judge at midnight to report an urgent scheduling conflict in an ongoing contract dispute. The judge noted the call on the docket but took no further action until both sides appeared the next morning. Because the communication concerned only timing and created no advantage, the proceeding continued without objection.
Indigo Textiles sought an ex parte injunction against a former employee suspected of destroying design files. Its counsel presented only evidence of possible deletion and withheld the fact that backups existed. The court later vacated the order after learning the omitted information undermined the claim of irreparable harm.
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Idina Iverson sued a state environmental officer in federal court to halt an ongoing permit practice that she claimed violated federal water law. She sought only prospective relief ordering the officer to follow federal standards going forward. The court allowed the suit to proceed despite the state's Eleventh Amendment objection.
Igor Ito's counsel emailed the judge's chambers to request a new hearing date after a witness cancellation. The judge forwarded the message to opposing counsel within hours and set a brief response period. The rescheduling proceeded without any party claiming unfair advantage.
After the verdict, Ivan Ivanov's lawyer telephoned a juror to discuss the deliberations. The juror reported the call to the court. The lawyer received a reprimand for initiating the contact without court authorization.
Infinity Bank asked the judge by telephone to extend a temporary freeze order because documents were about to be moved overseas. The judge confirmed that no party would obtain a tactical edge from the call and immediately notified the opposing side. The extension hearing was then set with full participation.
A judge may receive an ex parte communication only when it concerns scheduling, administrative matters, or emergencies and does not address substantive issues. The judge must reasonably believe no party gains an advantage and must promptly notify the other parties of the substance of the communication.
A lawyer appearing ex parte 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.
No. The doctrine authorizes only prospective injunctive or declaratory relief to end ongoing violations of federal law. Claims seeking compensation for past injuries remain barred by the Eleventh Amendment.