Legal Definitions - ex parte application

An ex parte application refers to a request made to a court by one party in a legal case without providing prior notice to the other party or parties involved. This type of application is typically reserved for situations where immediate action is required, and giving advance notice would either be impossible, impractical, or would defeat the purpose of the application itself. Courts grant such requests cautiously, as they deviate from the standard legal process that requires all parties to have an opportunity to be heard.

Here are a few examples to illustrate this concept:

• Example 1: Emergency Protective Order

  Imagine a situation where an individual is experiencing immediate and severe threats or harassment from another person. To ensure their safety quickly, they might file an ex parte application for a temporary protective order. The court could review the application and issue the order without first notifying the person causing the harassment, because giving advance notice might escalate the danger or allow the harasser to evade the order before it's issued. The order would then be served on the harasser, who would later have an opportunity to challenge it in court.

  This illustrates an ex parte application because the request for the protective order is made by one party (the person seeking protection) to the court, and the court acts on it without the other party (the harasser) being present or having received prior notice, due to the urgent need for safety.

• Example 2: Freezing Assets to Prevent Concealment

  Consider a business owner who discovers that a former employee has fraudulently transferred a significant amount of company funds and is attempting to move the remaining assets to an untraceable offshore account. The business owner could file an ex parte application with the court to immediately freeze the employee's bank accounts. If the employee were given advance notice of this application, they might quickly transfer the remaining funds, making recovery impossible. The court might grant the freeze order immediately, and then schedule a hearing where the employee could present their side.

  This is an ex parte application because the business owner makes the request to the court without notifying the former employee. The lack of prior notice is crucial here; if the employee knew, they could move the assets, defeating the purpose of the application.

• Example 3: Emergency Temporary Guardianship

  Suppose an elderly person with dementia is found to be in immediate danger due to severe neglect by a caregiver, and there's an urgent need to remove them from that environment. A concerned family member or adult protective services might file an ex parte application for temporary emergency guardianship. The court could issue an order granting temporary guardianship without first holding a full hearing with the caregiver, because the vulnerable person's safety is paramount and requires immediate intervention. A full hearing would then be scheduled very soon after to allow all parties to be heard.

  This demonstrates an ex parte application because the request for temporary guardianship is made by one party (the family member or agency) to the court, and the court makes a decision without the caregiver being present or having received prior notice, due to the urgent need to protect the vulnerable individual.