Also known as: without-notice · ex parte
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A status of lacking actual or constructive knowledge of a prior interest or claim. This status permits a subsequent purchaser to prevail over an unrecorded prior interest under notice or race-notice recording statutes.
A procedural posture in which a court, board, or lawyer acts without first notifying an affected party. Strict procedural safeguards apply when action proceeds in this posture to protect fairness and due process.
Each sense below has its own examples, sources, and questions.
A status of lacking actual or constructive knowledge of a prior interest or claim. This status permits a subsequent purchaser to prevail over an unrecorded prior interest under notice or race-notice recording statutes.
Walter Washington paid value for a parcel from a seller who had previously granted an unrecorded mortgage to Whitestone Bank. Washington conducted a title search that revealed no encumbrances and had no actual knowledge of the mortgage. Under the jurisdiction's notice statute, Washington prevails over the bank because he took without notice of the prior interest.
Under a notice statute, a subsequent bona fide purchaser who takes without notice of the prior unrecorded interest prevails over that interest. The purchaser must also record to perfect priority under a race-notice statute.
A procedural posture in which a court, board, or lawyer acts without first notifying an affected party. Strict procedural safeguards apply when action proceeds in this posture to protect fairness and due process.
Wren Wright's attorney filed a verified complaint and motion at 11 p.m. on a Friday alleging that the City of Chesapeake would revoke a critical berthing slot at dawn. The attorney certified one unsuccessful call and the risk that notice would allow the city to accelerate the change. The district court issued the TRO at 2 a.m. without prior notice to the city and without stating the date and hour of issuance or the reasons for proceeding ex parte.
The board of directors of Westbrook Dynamics convened its quarterly meeting on the third Tuesday of the month as provided in the bylaws. No separate notice of date, time, place, or agenda was sent to the directors. The articles of incorporation did not require notice for regular meetings, so the actions taken at the meeting are valid.
Winona Walsh's counsel contacted the judge's chambers to request a short continuance because a key witness had fallen ill. The judge reasonably believed that the communication concerned only scheduling and would not give any party a tactical advantage. The judge promptly notified all other counsel of the substance of the call and gave them an opportunity to respond.
Wesley Wells appeared ex parte before the court seeking a temporary asset freeze. Wells knew of a recorded judgment that would limit the relief but did not disclose it. Because the proceeding was ex parte, Wells was required to inform the tribunal of all material facts, including those adverse to the requested order.
Wayne Walker held a power of attorney from his elderly aunt to manage her investment accounts. The aunt died without Walker's knowledge. The death terminated Walker's authority even though no notice of the death had been given to him or to third parties with whom he continued to deal.
The order must state the date and hour it was issued, describe the injury and why it is irreparable, explain why it was issued without notice, and be promptly filed. It expires no later than fourteen days after entry unless extended for good cause.
A judge may engage in ex parte communications for scheduling, administrative, or emergency purposes that do not address substantive matters, provided the judge believes no party gains an advantage and promptly notifies all parties of the substance and gives them an opportunity to respond.
Yes. The death of the principal terminates the agent's authority without notice to the agent, subject to limited exceptions for acts in progress or third-party reliance before notice of death.
…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…
…are steps towards reducing them to the condition of a subject race." See also Virginia v. Rives , 100 U.S. 313, 318 (1880); 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…
…all action of the State denying equal protection of the laws, whether it be action by one of these agencies or by another.” In Ex parte Virginia , 100 U.S. 339, 347 (1880), the Court observed: “A State acts by its legislative, its executive, or its judicial authorities. It can act in no other way.” In the Civil Rights…
…Amendment. Professor Hart's observations concerning the "imperceptible steps" between In re Ayers , 123 U. S. 443 (1887), and
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.