Legal Definitions - inaudita altera parte

Inaudita Altera Parte

This Latin legal phrase translates to "without hearing the other party."

It describes a situation where a court or other legal authority makes a decision or takes action without giving the opposing side an opportunity to present their arguments, or sometimes even without notifying them that a decision is being considered. While a fundamental principle of justice is that both sides should be heard, there are specific, often urgent, circumstances where a decision inaudita altera parte may be necessary to prevent immediate harm or injustice. Such decisions are typically temporary and followed quickly by a full hearing where all parties can participate.

• Example 1: Emergency Protective Order

  Imagine a person facing immediate threats of violence from another individual. They can petition a court for an emergency protective order. In such urgent cases, a judge might issue the order inaudita altera parte, meaning without first hearing from the person against whom the order is sought. The immediate goal is to ensure the petitioner's safety. The person subject to the order would then be served with it and given a date for a subsequent hearing where they can present their side of the story.

• Example 2: Temporary Injunction to Preserve Evidence

  A software company discovers that a former employee, who is suspected of stealing trade secrets, is planning to wipe their computer hard drive and delete crucial digital evidence within hours. The company could seek an emergency temporary injunction from a court to prevent the destruction of this evidence. The court might grant this injunction inaudita altera parte because waiting to notify and hear from the former employee would likely result in the irreversible loss of the evidence. A full hearing would then be scheduled promptly to allow the former employee to respond.

• Example 3: Emergency Child Custody Order

  Consider a situation where a child is believed to be in immediate physical danger while in the care of one parent. The other parent might petition the court for an emergency temporary custody order. A judge could issue this order inaudita altera parte to remove the child from the dangerous situation without delay, prioritizing the child's safety. Following this immediate action, a formal hearing would be scheduled very quickly, allowing both parents to present their cases and evidence regarding the child's long-term custody.