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Simple English definitions for legal terms
ex parte motion
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A quick definition of ex parte motion:
An ex parte motion is when someone asks a court to make a decision without telling the other side. This means that the court only hears from one person before making a ruling. It's different from a contradictory motion, where both sides get to argue their case. A motion is just a request for the court to do something, like change a previous decision or clarify an order.A more thorough explanation:
An ex parte motion is a request made to a court without notifying the other party involved in the case. This means that the court will make a decision without hearing from all sides. It is also known as an ex parte application.
For example, if a person wants to get a restraining order against someone, they may file an ex parte motion to ask the court to issue the order without notifying the other person. The court will then decide whether to grant the order based on the information provided by the person filing the motion.
Another example is if a person wants to get a search warrant for someone's property. They may file an ex parte motion to ask the court to issue the warrant without notifying the property owner. The court will then decide whether to grant the warrant based on the information provided by the person filing the motion.
Ex parte motions are usually only granted in emergency situations where waiting for a hearing with all parties involved could cause harm or damage. However, they can also be used in other situations where the requesting party believes that notifying the other party would be detrimental to their case.