Ex Parte Motions

 

According to Black’s Law Dictionary, an Ex Parte motion is a motion that is made in a court with no notice being given to the party opposing. The Latin translation is “one side only”.

Ex Parte motions are invoked when there is an urgent need for one party such as a protection from domestic abuse and the need for a temporary restraining order. In most states, the party filing the motion must be able to demonstrate a measure of immediate risk that could result in irreparable harm.

Attorney Joseph M. Flanders writes the following in The Dakota County Law Blog

“Basically, an ex parte proceeding is one where a family law litigant asks the court to issue an order without a hearing and before notice has been given to the other side. An ex parte order is an extreme remedy that should not be used lightly.  Ex parte orders are only granted based on a showing of serious need.  If you don’t know what this means, you should speak with a lawyer first.  Examples of serious need include: domestic violence, extreme urgency necessitating an injunction of some kind, kidnapping, abuse, etc.  It does not mean that you can get an ex parte order because the other side did make a car payment last month.”

The laws surrounding Ex Parte motions are complex and vary from state to state as well as jurisdiction to jurisdiction. To get the most up to date local and Federal rules pertaining to Ex Parte Motions visit SmartRules.com.

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