In legal proceedings, ex parte motions are an essential tool designed to address urgent matters requiring immediate judicial intervention. These motions allow one party to request court action without waiting for the standard notice period or input from the opposing party. Below, we explore the ten most common questions about ex parte motions, providing real-world examples to illustrate their purpose, use, and implications.
By Brad Nakase, Attorney
Email | Call (888) 600-8654
Have a quick question? I answered nearly 1500 FAQs.
An ex parte motion is a legal request presented to the court by one party without the opposing party’s presence. This process is typically reserved for emergencies where waiting for a standard hearing could result in irreparable harm.
Example:
A landlord discovers that a tenant is using a rental property to conduct illegal activities. The landlord files an ex parte motion seeking immediate court approval to lock the premises and prevent further illegal activity, arguing that waiting for a regular hearing could lead to further damage or liability.
Ex parte motions are appropriate in situations requiring immediate action to prevent harm, loss of rights, or disruption of justice.
Example:
A parent learns that the other parent plans to take their child out of the country without consent. The concerned parent files an ex parte motion to request an emergency custody order preventing the child’s removal, citing the urgency of the matter.
Emergencies justifying an ex parte motion include situations where harm is imminent or evidence could be lost.
Example:
A whistleblower employee discovers that their employer is about to destroy emails and documents critical to a fraud investigation. They file an ex parte motion seeking a court order to preserve the evidence immediately.
In many jurisdictions, the party seeking ex parte relief must notify the opposing party of the motion unless it is impossible or unsafe to do so.
Example:
A tenant files an ex parte motion to prevent an illegal eviction, alleging that the landlord has already begun removing their belongings. The tenant provides notice to the landlord by email and phone the day before the hearing to comply with local rules.
The required advance notice varies by jurisdiction but is often 24 to 48 hours.
Example:
A small business files an ex parte motion to stop a former employee from disclosing trade secrets to a competitor. The company gives the employee 24 hours’ notice by certified mail and email as required by their state’s procedural rules.
Failure to meet notice requirements may result in the court denying the motion or postponing the hearing.
Example:
A homeowner files an ex parte motion to halt a foreclosure but does not notify the lender, despite being able to do so. The court denies the motion due to lack of proper notice and instructs the homeowner to refile with appropriate notification.
Supporting an ex parte application typically requires a detailed declaration and evidence substantiating the claims.
Example:
A software developer files an ex parte motion alleging their former partner is misappropriating intellectual property. They provide a sworn affidavit, emails showing unauthorized sharing of the code, and a timeline of events to support their request for a temporary restraining order.
If notified, the opposing party has the right to appear and respond at the hearing.
Example:
In a dispute over property use, one neighbor files an ex parte motion seeking an order to stop construction by the other neighbor. The opposing party attends the hearing, presenting their permits and counterarguments. The judge decides to schedule a full hearing after reviewing both sides.
Abuse of the ex parte process can lead to sanctions, denial of the motion, or damage to the filer’s credibility.
Example:
A business owner files an ex parte motion to freeze a former partner’s accounts, claiming the partner is stealing funds. The court later finds the claim to be exaggerated and unsupported, imposing sanctions for misusing the ex parte process.
Ex parte motions are usually resolved quickly, often the same day or within a few days.
Example:
A patient files an ex parte motion to obtain a medical injunction against a hospital that is refusing a life-saving procedure due to a billing dispute. The court reviews the motion the same day and issues a temporary order in favor of the patient.
Ex parte motions serve an important role in the legal system by allowing parties to seek swift court intervention in emergencies. The real-world examples above highlight the circumstances where these motions are essential and illustrate their potential consequences. Understanding the rules, notice requirements, and proper use of ex parte motions is crucial to ensuring they are used responsibly.
If you’re involved in a situation that may require an ex parte motion, consulting an experienced attorney can ensure your rights are protected while navigating this complex legal process.
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.