Dictionary of Law
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ex parte :: legal definition


Ex parte - (ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing.


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
Administrative Procedure Act :: n. the federal act which established the rules and ... strative hearing administrative law
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
advisory opinion :: n. an opinion stated by a judge or a court upon th ... o: actual controversy friendly suit
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
chambers :: n. the private office of a judge, usually close to ... s." See also: in camera in chambers
commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
exception :: n. 1) a formal objection during trial ("We take ex ... cluded. See also: exception in deed
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
peremptory writ of mandate :: (or mandamus) n. a final order of a court to any g ... ve writ. See also: mandamus mandate
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
remand :: v. to send back. An appeals court may remand a cas ... ee also: appeal preliminary hearing
respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court.
restraining order :: n. a temporary order of a court to keep conditions ... so: injunction permanent injunction
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.

Popular Law Searches

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Other Law Terms - E

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embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft
embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property.
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employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment