(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.
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