Define: Ex Parte

[Latin, On one side only.] Done by, for, or on the application of one party alone.

Ex parte is a Latin term meaning “from one party” and typically refers to legal proceedings or court orders that involve only one party without notice or representation from the other side. In an ex parte proceeding, one party presents arguments, evidence, or requests to the court without the presence or participation of the opposing party. This may occur in situations requiring urgent action, such as requests for temporary restraining orders or emergency injunctions, where immediate relief is necessary to prevent irreparable harm or maintain the status quo. Ex parte proceedings are subject to strict rules and scrutiny to ensure fairness and protect the rights of all parties involved. While they may be necessary in certain circumstances, ex parte orders are typically temporary and may be subject to review or modification upon notice and a full hearing with all parties present.

An ex parte judicial proceeding is conducted for the benefit of only one party. Ex parte may also describe contact with a person represented by an attorney outside the presence of the attorney. The term ex parte is used in a case name to signify that the suit was brought by the person whose name follows the term.

Under the Fifth Amendment to the U.S. Constitution, “No person shall… be deprived of life, liberty, or property without due process of law.” A bedrock feature of due process is giving fair notice to parties who may be affected by legal proceedings. An ex parte judicial proceeding, conducted without notice to and outside the presence of affected parties, would appear to violate the Constitution. However, adequate notice of judicial proceedings to concerned parties may at times cause irreparable harm to one or more of those parties. In such a case, the threatened party or parties may receive an ex parte court hearing to request temporary judicial relief without notice to, and outside the presence of, other persons affected by the hearing.

Ex parte judicial proceedings are usually reserved for urgent matters where requiring notice would subject one party to irreparable harm. For example, a person suffering abuse at the hands of a spouse or significant other may seek ex parte a temporary restraining order from a court, directing the alleged abuser to stay away from him or her. Ex parte judicial proceedings are also used to stop irreparable injury to property. For example, if two neighbours, Reggie and Veronica, disagree over whose property a tree stands on and Reggie wants to cut down the tree while Veronica wants to save it, Veronica can seek an ex parte hearing before a judge. At the hearing, she will ask the judge for a temporary restraining order preventing Reggie from felling the tree. She will have to show the judge that she had no reasonable opportunity to provide Reggie with formal notice of the hearing and that she might win the case. The court will then balance the potential hardships for Reggie and Veronica in considering whether to grant Veronica’s request.

A court order from an ex parte hearing is swiftly followed by a full hearing between the interested parties to the dispute. State and federal legislatures maintain laws allowing ex parte proceedings because such hearings balance the right to notice against the right to use the legal system to avert imminent and irreparable harm. Far from violating the Constitution, the ex parte proceeding is a lasting illustration of the elasticity of due process.

Ex parte contact occurs when an attorney communicates with another party outside the presence of that party’s attorney. Ex parte contact also describes a judge who communicates with one party to a lawsuit to the exclusion of the other party or parties, or a judge who initiates discussions about a case with disinterested third parties. Canon 3(A)(4) of the American Bar Association’s (ABA) Model Code of Judicial Conduct discourages judges from such ex parte communications. Under Rule 4.2 of the ABA Model Rules of Professional Responsibility, a lawyer should refrain from contacting a party who the lawyer knows is represented by another attorney, unless the lawyer has the consent of the other attorney or is authorised by law to do so.

In a case name, ex parte signifies that the suit was initiated by the person whose name follows the term. For example, ex parte Williams means that the case was brought on Williams’s request alone. Many jurisdictions have abandoned ex parte in case names, preferring English over Latin terms (e.g., Application of Williams or Petition of Williams). In some jurisdictions, ex parte has been replaced by in re, which means “in the matter of” (e.g., In re Williams). However, most jurisdictions reserve the term for proceedings concerning property.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th April, 2024.