Legal Definitions - ex parte

The term ex parte is a Latin phrase meaning "from one party." In legal contexts, it refers to actions or communications taken by or for one party without the presence, participation, or sometimes even knowledge of the other party involved in a legal matter. This concept applies in two main areas: legal ethics and civil procedure.

Legal Ethics

In the realm of legal ethics, ex parte refers to improper communication between a lawyer and a judge, or between a lawyer and an opposing party, without the other side's lawyer being present or informed. Ethical rules are designed to ensure fairness and prevent one party from gaining an unfair advantage by influencing the judge or the opposing party directly and privately.

• Example 1: During a contentious divorce case, the wife's attorney sends an email directly to the judge's chambers, outlining new arguments about asset division, but fails to copy the husband's attorney on the correspondence.

  Explanation: This would be considered improper ex parte communication because the wife's attorney attempted to influence the judge's perception of the case without giving the husband's attorney an opportunity to see or respond to the arguments simultaneously. This violates the principle of fairness and transparency in legal proceedings.

• Example 2: A lawyer representing a landlord in an eviction dispute calls the tenant directly to discuss a settlement offer, even though the lawyer knows the tenant is represented by legal aid counsel.

  Explanation: This constitutes improper ex parte contact with a represented party. Ethical rules generally prohibit a lawyer from communicating directly with an opposing party who is known to have legal representation, as it can be seen as an attempt to circumvent their counsel and potentially exploit their lack of legal knowledge.

Civil Procedure

In civil procedure, an ex parte action refers to a legal motion or request made to a court by one party without providing prior notice to the other party, or without the other party having an opportunity to respond before the court makes a decision. Courts are generally cautious about granting ex parte motions because they can infringe upon the other party's right to due process, which guarantees the right to be heard. Therefore, ex parte orders are typically reserved for emergency situations where immediate action is necessary to prevent irreparable harm, and they are often temporary until a full hearing can be held.

• Example 1: A business discovers that a former employee has stolen proprietary software code and is attempting to sell it to a competitor. The business files an emergency ex parte motion asking the court for an immediate order to freeze the former employee's assets and prevent the sale of the code, arguing that waiting for a full hearing would allow the employee to complete the sale and cause irreversible damage.

  Explanation: This is an ex parte motion because the business is asking the court for an immediate ruling without giving the former employee prior notice or a chance to respond. The urgency of preventing the sale of stolen intellectual property justifies the court considering the request without the usual procedural delays.

• Example 2: In a domestic violence situation, a victim seeks an immediate court order to prevent an abusive partner from coming near them or their children. The victim files an ex parte petition for a temporary protective order, citing an imminent threat of harm.

  Explanation: This is an ex parte request because the court is asked to issue a protective order immediately, based solely on the victim's testimony, without the abusive partner being present or having received prior notice. The purpose is to provide immediate safety, and a full hearing with both parties present would typically follow soon after.