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Simple English definitions for legal terms
ex parte application
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A quick definition of ex parte application:
An ex parte application is a request made to a court without telling the other party involved. This means that the court will make a decision without hearing from everyone involved. It is different from a contradictory motion, which is a request that the other party has a chance to contest. A motion is a written or oral request for a court to make a specific ruling or order. There are different types of motions, such as a motion to modify, which asks the court to change a previous order, and a post-trial motion, which is made after a judgment has been entered.A more thorough explanation:
An ex parte application is a request made to a court by one party without notifying the other party. The court will consider and rule on the request without hearing from all sides. It is also known as an ex parte motion.
- A person may file an ex parte application for a temporary restraining order against someone who is threatening them. The court will consider the request without notifying the other party to protect the safety of the person filing the application.
- In a child custody case, a parent may file an ex parte application for emergency custody if they believe the child is in danger. The court will consider the request without notifying the other parent to protect the child's safety.
These examples illustrate how an ex parte application can be used to obtain urgent relief without waiting for a hearing with all parties present. However, it is important to note that ex parte applications are only granted in limited circumstances where immediate action is necessary to prevent harm or irreparable damage.