Also known as: ex-parte process · ex parte processes · ex parte proceeding · ex parte application
Written by attorneys · grounded in primary & secondary sources — see below
A proceeding conducted with only one party present and without notice to the opposing party. The format is permitted when urgency or other special circumstances justify bypassing the usual adversarial process. Courts and ethics rules impose strict limits and heightened disclosure duties to prevent abuse.
Eric Espinoza appeared alone before the probate judge seeking emergency guardianship authority to authorize surgery for an unconscious patient. He described only the medical urgency and omitted the patient's documented prior refusals of similar treatment on religious grounds. The judge granted the order based on the incomplete presentation.
Esme Ellington, unable to pay witness fees, filed an ex parte application asking the court to issue a subpoena for a critical defense witness. The judge reviewed the showing of necessity and inability to pay, then ordered the subpoena at government expense without notifying the prosecution.
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The movant must present specific facts in an affidavit or verified complaint showing that immediate and irreparable injury will occur before the adverse party can be heard. The attorney must also certify efforts to give notice and the reasons why notice should not be required.
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The lawyer must inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.
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It must expire within 14 days after entry unless extended once for a like period upon a showing of good cause or consent, with the reasons entered on the record.
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