Legal Definitions - ex una parte

The Latin phrase ex una parte translates to "of one part or side" or "on one side." It describes situations, documents, or actions that originate from, pertain to, or are presented by only one of the parties involved in a matter, often without the direct involvement, input, or presence of other potential parties.

Here are some examples illustrating this concept:

• Imagine a person creating their Last Will and Testament. This document is a declaration made ex una parte. The will expresses the wishes and instructions of the testator (the person making the will) regarding the distribution of their assets after death. It is created solely by that individual, reflecting only their decisions, without requiring the agreement or input of the beneficiaries or other parties at the time it is drafted and signed.

• Consider a scenario in a business negotiation where one company sends a detailed proposal outlining its terms for a potential partnership. If this proposal is presented as a definitive statement of their position, without any prior discussion or collaborative drafting with the other company, it can be described as a communication made ex una parte. It represents the perspective and conditions of only one side at that particular stage of the negotiation.

• In legal proceedings, a lawyer might sometimes file a motion with a court seeking an urgent order, such as a temporary protective order, without first notifying the opposing party. When the judge considers and potentially grants such an order based solely on the arguments and evidence presented by the requesting lawyer, the court's action is effectively taken ex una parte. The decision is made based on the information provided by one side, due to the urgency or specific circumstances preventing the other side from being heard immediately.