Ex parte is a legal proceeding where only one party is present. Relief is granted if the party can prove existing circumstances that justify denying another party a hearing. Ex parte communication between lawyers or judges with one party is prohibited and considered unethical.
Ex parte is a Latin phrase meaning “one side only”. An ex parte legal proceeding is a judicial hearing that takes place in the presence of only one party to a dispute. In the United States legal system, constitutional due process protections require that individuals be informed and have an opportunity to be heard before a court makes a decision on a matter in which they have a liberty or property interest. As such, ex parte relief is granted only if the party seeking a court order can demonstrate existing circumstances that would justify denying another adverse party a hearing on the matter.
A party seeking ex parte relief from a court must show that he will suffer irreparable harm unless relief is immediately granted. In such circumstances, the party seeking compensation may argue that the situation is so urgent and compelling that taking the time to give notice to the other party would expose it to harm. For example, if a woman is threatened with imminent damages by a physically abusive husband, a court can issue a restraining order immediately without hearing from the husband. In order to comply with the constitutional requirements of due process, immediately after the restraining order is issued, the court will schedule a full hearing on the matter with adequate notice to the husband. After hearing both parties, a decision will be made on whether to make the temporary restraining order permanent.
The term ex parte is also used to describe an unauthorized communication made by one attorney with another attorney’s client regarding a pending legal matter. Any communication from a lawyer to an involved party, outside the presence of that person’s lawyer, is prohibited by the Rules of Professional Responsibility, by which all lawyers are bound. An attorney who engages in ex parte communication with another attorney’s client may be subject to disciplinary proceedings. Similarly, contact by a judge or arbitrator with one of the parties to a pending case, which he is presiding, outside the presence of the other party, or his counsel, constitutes ex parte communication. Such contact is considered unethical as it violates the tenets of fundamental fairness and the ability of a judge or arbitrator to be truly impartial.
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