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Home » Law Dictionary » E » EX PARTE

EX PARTE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) A conversation or discussion made with a judge by one party without the other party present. (B) Of the one part. Many things may be done ex parte, when the opposite party has had notice; an affidavit or deposition is said to be taken ex parte when only one of the parties attends to taking the same. Ex parte paterna, on the side of the father, or property descended to a person from his father; ex parte materna, on the part of the mother. (C) An ex parte injunction where a court hears only the party requesting an injunction before its issuance by the court.

Law Dictionary – Alternative Legal Definition

On one side only; by or for one party; done for, in behalf of, or on the application of, one party only. A judicial proceeding, order, injunction, etc, is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to, or contestation by, any person adversely interested.”Ex parte” in the heading of a reported case, signifies that the name following is that of the party upon whose application the case is heard. In its primary sense, ex parte, as applied to an application in a judicial proceeding, means that it is made by a person who is not a party to the proceeding, but who has an interest in the matter which entitles him to make the application. Thus, in a bankruptcy proceeding or an administration action, an application by A. B., a creditor, or the like, would be described as made “ex parte A. B.,” i.e., on the part of A. B.
In its more usual sense, ex parte means that an application is made by one party to a proceeding in the absence of the other. Thus, an ex parte injunction is one granted without the opposite party having had notice of the application. It would not be called “ex parte” if he had proper notice of it, and chose not to appear to oppose it. Sweet.

Related Posts:

  • EX PARTE PATERNA
  • EX PARTE INJUNCTION
  • ADVERSARY PROCEEDING
  • PARTE NON COMPARENTE
  • DE UNA PARTE
  • PARTE INAUDITA

Filed Under: E

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