Legal Definitions - parte inaudita

Parte inaudita is a Latin legal phrase that literally translates to "one side being unheard." In legal practice, it describes a situation where a court takes action or makes a decision based solely on the arguments and evidence presented by one party, without the other party having been notified or given an opportunity to respond.

This typically occurs in urgent circumstances where immediate action is necessary to prevent irreparable harm, to preserve evidence, or to maintain a situation until a full hearing can be held where all parties can be present and heard. Such actions are often temporary and are followed quickly by a full hearing where all sides can present their case.

• Example 1: Emergency Restraining Order

  Imagine a situation where an individual fears immediate physical harm from another person. They might go to court to request a temporary restraining order. The court, acting parte inaudita, could issue this order based solely on the petitioner's sworn testimony and evidence, without first notifying or hearing from the alleged aggressor. This immediate action is taken to protect the petitioner from potential harm, with a full hearing scheduled very soon after where both parties can present their arguments.

• Example 2: Freezing of Assets in a Fraud Case

  Consider a company that discovers an employee has been fraudulently siphoning large sums of money and is about to transfer the remaining funds out of the country. The company could seek an emergency court order to freeze the employee's bank accounts. The court might issue this order parte inaudita, meaning without notifying the employee, because if the employee were alerted, they could immediately move the funds, making recovery impossible. This temporary freeze preserves the assets until a full hearing can be held to determine the facts.

• Example 3: Emergency Child Removal

  In a severe case where child protective services receives credible information that a child is in immediate and grave danger in their home, they might seek an emergency court order for the temporary removal of the child. A judge could issue this order parte inaudita, based on the agency's evidence, without the parents being present or having been notified. This immediate action is taken to ensure the child's safety, with a full hearing involving the parents typically scheduled within a very short timeframe.