When do you need an ex parte hearing?

An ex parte hearing is a hearing conduct without the opposing party present in court. Such hearings are used to temporarily address emergency matters. For example, a parent may seek an ex parte order granting sole custody of a child following an instance of child abuse or a person may seek an ex parte protection order…

How does an ex parte order work in court?

In most cases, there is no notice or any opportunity to be heard by the other party during the first court appearance. If the judge grants the ex parte order, the order is only temporary. The judge will hold a full hearing within a short period of time. What Is the Procedure for an Ex Parte Application?

When to use in re Smith ex parte?

Still other legal professionals refer to these proceedings as “in re Smith,” meaning in the matter of Smith. The ex parte is used when a regular hearing might cause “irreparable harm” to one of the parties. It is intended to ensure that when the regular hearing occurs, the “playing field” will be level.

When to apply for ex parte Of Counsel?

Due to the extraordinary situation of a Judge only hearing from one party, an ex parte application is normally only allowed in circumstances of urgency, and where if notice is given to the other side, it may alert that party to dissipate assets or to frustrate any possible injunctive relief that may be granted.

Do I need a lawyer for an ex parte hearing?

As all Ex Parte hearings are time sensitive and usually too emotional, it is highly advised to consult an Ex Parte attorney who will help you before and during Ex Parte hearing process. The Ex Parte attorneys at the Margarian Law firm have extensive experience obtaining and handling Ex Parte hearings.

Do you need to show for ex parte hearing?

The purpose of the hearing is to make sure the other party has been given their due process rights. If the judge denies your ex parte application, a hearing may still be held shortly after the denial. You and the respondent both must appear at the hearing.

Should I attend the ex parte hearing?

If you have been served with an ex parte in Orange County or Los Angeles, California, it is in your best interests to contact an attorney to discuss your case as soon as possible. If you can, you should also attend the hearing, even if you only have 24 hours notice.

What happens at a California ex parte hearing?

Ex Parte Hearings are common proceedings when one of the parties seeks urgent court intervention . As a rule, parties involved in a court case are entitled to be noticed and heard . The adverse party is to be noticed twenty-one days prior to a pending hearing.

An ex parte hearing is typically only available in an emergency. What Is an Ex Parte Hearing? Ex parte is a Latin term that means “for one party.” In a legal context, it refers to hearings, motions and orders granted for the benefit of one party without notice to the other party.

How do you file an ex parte motion?

The procedure for an ex parte application depends on the state. In some states, you submit an ex parte application or motion to the judge along with your affidavit and any exhibits you want to attach.

Where can I find ex parte relief in Texas?

In a divorce case, ex parte relief can be found under §6.501 of the Texas Family Code. After the suit for divorce is filed, a party by motion or the court on its own motion, may grant a temporary restraining order without notice to the adverse party for the

How do I get an ex parte hearing?

Before you can have an ex parte hearing, you must first obtain the court’s permission. This requires you to petition the court without notifying any of the other parties to the underlying matter. Depending on your jurisdiction and the judge’s requirements, you first have to submit a petition for an ex parte hearing.

When do you have to give an ex parte notice?

[ ] Ex Parte (or Emergency Notice) must be given to the other party by telephone notifying them of the time, date, place and what orders that you are asking the court for. This Notice usually must be given by 10 AM the COURT DAY before you go to the hearing.