Legal Definitions - ex parte motion

An ex parte motion is a formal request made to a court by one party in a legal case, without providing prior notice to or requiring the presence of the other party involved. This type of motion is typically reserved for urgent situations where immediate action is necessary, and notifying the opposing side could cause irreparable harm, defeat the purpose of the request, or pose a risk to an individual's safety. Courts grant such motions cautiously, as they deviate from the standard legal principle of giving all parties an opportunity to be heard.

Here are some examples illustrating an ex parte motion:

• Example 1: Emergency Protective Order

  Imagine a situation where an individual is experiencing severe domestic abuse and fears for their immediate safety. They can file an ex parte motion for a temporary protective order. The court might grant this order without notifying the alleged abuser beforehand because giving prior notice could escalate the danger to the victim, allowing the abuser to flee or inflict further harm before the order can be issued and enforced. The urgency and potential for immediate harm justify bypassing the usual notice requirements.

• Example 2: Freezing Assets to Prevent Fraud

  Consider a business that discovers an employee is about to transfer a large sum of stolen company funds to an offshore account. The company could file an ex parte motion to freeze the employee's assets or the specific bank account. If the employee were notified of the motion, they could immediately transfer the funds, making recovery impossible. The court might approve this ex parte request to prevent the irreversible dissipation of assets, with a full hearing to follow shortly after.

• Example 3: Emergency Child Custody

  Suppose a parent learns that their child is in immediate physical danger while in the care of the other parent (e.g., due to severe neglect or exposure to hazardous conditions). This parent could file an ex parte motion for an emergency temporary custody order. The court might grant this request without waiting for a full hearing with both parents present, prioritizing the child's immediate safety. A more comprehensive hearing with both parties would then be scheduled promptly to review the situation.