Latin Lovers – So What’s Wrong With Ex Parte?

The Latin phrase ex parte means “on one side only” or “on behalf of one party only.”  The term ex parte normally comes up in connection with communications between the court and the parties to a case; ex parte communications are generally disfavored since they involve communications by one party directed to the court without the presence or knowledge of the opposing party.  The vast majority of judges will not entertain written or oral communications from one of the parties without the other party being notified and having the opportunity to participate.  The major exception to this rule is in the case of emergency injunctions, where the court will entertain ex parte communications in order to prevent immediate irreparable harm; even in such cases the court will typically hold a hearing promptly thereafter with appropriate notices to all parties concerned.

– Kevin Palmer


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