Pleadings and Motions
Procedural Motions
Ex parte relief is available where notice would defeat the purpose of the relief or where immediate harm would occur before notice could be given. The moving party must certify the efforts made to notify or the reasons notice should not be required.
Courts scrutinize ex parte applications closely.
Alternative Names:
Ex Parte Application, Motion Without Notice
Why it Matters?
The certification requirement is enforced, and applications failing to describe notification efforts are denied without reaching the merits. Ex parte practice also carries a heightened candor obligation, since the court hears only one side and counsel must disclose material facts including those unfavorable to the applicant. Failing that obligation has produced sanctions and vacated orders.
Frequently Confused with
Related terms
Frequently asked questions
What must an ex parte application certify?
What heightened obligation applies?
