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Inter partes refers to situations where both parties are involved in a dispute or contract. Adequate notification is necessary for lawsuits, and any judgment is binding on all parties. Ex parte communication is biased and unfair. Inter partes communication ensures fairness and facilitates agreements.
Inter partes is a Latin term which literally translated means “between the parties”. It is often used by lawyers and judges to refer to situations where there are both parties involved in a particular dispute. It can also be used to define the drafting of contracts between two entities.
In many jurisdictions, lawsuits or other judicial proceedings cannot take place unless all parties have been adequately advised of the time, place and circumstances. This way everyone involved has the opportunity to make their part heard. Notification is normally given by serving each with a summons, or warning, that he should appear in court to defend the charges brought against him.
Any judgment rendered in an inter partes hearing is normally binding on all parties who have been served, subject to any remedies that may be available. This allows judges to make decisions that can be applied to certain situations without having to hear multiple cases. This helps the justice system to function fairly and effectively, as everyone has the opportunity to make their voices heard.
Ex parte communication occurs when only one party has the opportunity to make known the facts of his case. Most jurisdictions agree that this is biased and unfair. This means that it is only allowed in extreme circumstances. In many cases, penalties can be imposed on judges who hear only one party, rather than allowing both parties to present their case.
Contracts between two parties can sometimes be considered an informal type of inter partes transaction. This is because there is normally a negotiation between both parties before the document is actually signed. Every person involved must be present and accept the terms and conditions. It also reserves the right to have the instrument examined by a lawyer or to be present when it is formally performed.
In many areas, people involved in litigation cannot contact each other directly, but must instead speak to the registered attorney, if one exists. This attorney must also usually present copies of all documents filed with the court to the opposing attorney. This type of inter partes communications ensures that all parties involved are aware of what is going on and this can often facilitate an agreement before the trial date.
Inter partes communication is an important concept that allows many justice systems to function fairly for all concerned. Following this doctrine ensures that both parties can be fairly represented. This may result in a final verdict that serves the best interest of the court and the citizens within its jurisdiction.
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