Also known as: inaudita parte · ex parte · without notice · inaudita altera parte
Written by attorneys · grounded in primary & secondary sources — see below
An action or proceeding conducted without notice to or participation by the opposing party. The phrase describes any judicial, administrative, or transactional step taken when one side remains unheard because no opportunity for response was afforded.
Phuong Pham conveyed land to Pavel Petrov in January but left the deed unrecorded for months. When Pablo Perez later purchased the same parcel after a clean title search and recorded first, the court resolved the competing claims without hearing from Petrov. Petrov's later-recorded deed therefore yielded priority under the applicable recording statute.
Pulse Media obtained a temporary restraining order against Preston Pratt on an ex parte application showing imminent irreparable harm. The order recited the date and hour of issuance, described the injury, and explained why notice had not been given. It expired after fourteen days as required by the governing rule.
Select any source to read its text and confirm it supports the definition.
Precision Tools held its regular board meeting without sending notice of date, time, or purpose to any director. The articles of incorporation contained no contrary provision. Actions taken at the meeting therefore bound the corporation under the statute permitting such meetings without notice.
A judge contacted counsel for Paul Peterson to reschedule a hearing date but did not notify opposing counsel Pamela Phillips. The communication addressed only timing and contained no substantive discussion. The judge promptly notified Phillips afterward and gave her an opportunity to respond, satisfying the exception for administrative matters.
Phoenix Technologies petitioned the court ex parte for appointment of a special administrator. Its lawyer disclosed all known material facts, including adverse information about potential conflicts, enabling the tribunal to decide whether appointment was appropriate.
Progressive Healthcare's president died, automatically ending the authority of its agent to bind the company. The agent continued to negotiate a contract with a third party who had no knowledge of the death. The resulting agreement was unenforceable against the company because the principal's death terminated the agency without notice.
The phrase means one side being unheard. It describes any judicial or administrative step taken without notice to or participation by the opposing party, such as certain temporary restraining orders or ex parte communications permitted only under narrow exceptions.
Supporting sources
Yes. When a court determines priority between an unrecorded deed and a later recorded interest without affording the first grantee an opportunity to be heard, the proceeding operates parte inaudita and the outcome is governed by the recording statute's race, notice, or race-notice rules.
A judge may do so only for scheduling, administrative, or emergency purposes that do not address substantive matters, provided the judge reasonably believes no party gains an advantage and promptly notifies all other parties of the substance and gives them an opportunity to respond.
The 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 those facts are adverse to the client's position.
…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…