Legal Definitions - ex parte injunction

An ex parte injunction is a special type of court order issued by a judge at the request of one party, without prior notice to or the presence of the other party involved in the dispute. The term "ex parte" is Latin for "from one party."

This is an exceptional legal measure, typically granted only in situations of extreme urgency where immediate action is required to prevent irreparable harm or loss that would occur if the other party were given time to respond. The party seeking the injunction must present compelling evidence to the court, demonstrating a genuine emergency and proving that they would suffer significant, irreversible damage if the order were not issued immediately and without the usual process of notifying the opposing side.

Here are a few examples to illustrate how an ex parte injunction might be used:

• Example 1: Preventing Asset Dissipation

  Imagine a small business owner discovers that their business partner is secretly transferring a substantial amount of company funds to an untraceable offshore account, threatening the company's immediate solvency. The owner fears that if the partner were notified of a court hearing, they would quickly complete the transfers, leaving no assets to recover.

  How it illustrates the term: The business owner could seek an ex parte injunction to immediately freeze the company's bank accounts and prevent further transfers. This order would be issued without notifying the partner first, precisely because giving notice would likely allow the partner to complete the harmful action before the court could intervene. The urgency to prevent irreparable financial loss justifies the "ex parte" nature of the injunction.

• Example 2: Preventing Destruction of Evidence

  Consider a technology company that suspects a former employee has stolen highly confidential proprietary software code and is about to delete it from their personal devices or sell it to a competitor. The company has strong evidence of the theft but knows that notifying the former employee would almost certainly lead to the immediate destruction of the digital evidence.

  How it illustrates the term: The company could request an ex parte injunction compelling the former employee to preserve all relevant digital data and refrain from selling or distributing the stolen code. This order would be issued without prior notice to the employee, as the primary goal is to prevent the immediate and irreversible destruction of critical evidence needed for a potential lawsuit.

• Example 3: Preventing Imminent Publication of Harmful Information

  A prominent individual learns that a tabloid newspaper is on the verge of publishing highly private and potentially damaging information, which was obtained illegally and would cause immediate and irreversible reputational harm. The individual believes that if the tabloid is given advance notice of a court application, they might rush to publish the story before a judge can issue a formal order.

  How it illustrates the term: The individual could seek an ex parte injunction to temporarily prevent the publication of the sensitive material. The court might grant this order without notifying the tabloid first, recognizing the immediate threat of irreparable harm to the individual's reputation if the information were published. The lack of notice is justified by the need to prevent the harm from occurring before a full hearing can take place.