Ex parte - sustany/dvg GitHub Wiki

Ex parte�means �from one party� in Latin.�

In the legal context,ex parte�is used in several manners around ethics and civil procedure.

Legal Ethics

In�legal ethics,�ex parte�refers to improper contact with a�party�or a�judge. Ethical rules typically forbid�a�lawyer�from contacting the judge or the opposing party without the other party's lawyer also being present. A�breach�of these rules is referred to as improper�ex parte�contact. �

Civil Procedure

In�civil procedure,�ex parte�is used to refer to�motions�for orders that can be granted without waiting for a response from the other side.�Generally, these are orders that are only in place until further hearings can be held, such as a�temporary restraining order.� �

Typically, a court will be hesitant to make an�ex parte�motion. This is because the�Fifth Amendment�and the Fourteenth Amendment guarantee a right to�due process, and�ex parte�motions--due to their exclusion of one party--risk violating the excluded party's right to due process.�