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Simple English definitions for legal terms
common rule ex parte
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A quick definition of common rule ex parte:
Common Rule Ex Parte: A term used in court to indicate that a case will be decided by a majority vote, even if one of the parties involved does not show up. This means that the court will proceed with the case and make a decision based on the evidence presented, regardless of whether or not all parties are present.
A more thorough explanation:
Common Rule Ex Parte is a term used in legal proceedings to indicate that a case will proceed even if one of the parties involved does not appear in court. This is usually decided by a majority vote.
Billington v. Sprague, 22 Me. 34 (1842) is an example of a case where the Common Rule Ex Parte was applied. In this case, the court decided that the case would proceed even if one of the parties did not appear in court.
Another example of Common Rule Ex Parte is in a divorce case where one of the parties fails to show up in court. The court may proceed with the case and make a decision based on the evidence presented by the other party.
These examples illustrate how Common Rule Ex Parte is used in legal proceedings to ensure that cases are not delayed or dismissed due to the absence of one of the parties involved.