Ex parte describes action taken with only one side present or heard. It is permitted for narrow purposes such as temporary restraining orders where notice would defeat the relief, and certain administrative applications.
Ex parte communication with a judge about a pending matter is generally prohibited by ethics rules.
Alternative Names:
Ex Parte Communication, One-Sided Proceeding
Why it Matters?
The distinction that matters in practice is between permitted ex parte applications and improper ex parte contact. A properly noticed emergency application is legitimate, while a call to chambers about a pending dispute is a violation regardless of intent. In injury litigation the term also arises in disputes over defense contact with treating physicians, which many states restrict or prohibit without the plaintiff's consent.
Frequently Confused with
Related terms
Frequently asked questions
When is ex parte contact permitted?
Can defense counsel speak with treating physicians ex parte?
