Ex Parte

Question: I have got a notice from the family court, stating that if i dont appear the case will be determined Ex-parte,? I have got a notice from the family court (Bangalore India), stating that if i dont appear the case will be determined Ex-parte, As such i do not want to attend the court hearings. I just want to know that will there be any problems if i dont appear and let the case be determined Ex-parte? REQUEST A LAWYER FOR ADVISE PLEASE!

Answer: The divorce matter determined Ex-parte will not have ill effect but the judgement/order passed against you will bear all sort of allegations made by your wife against you proved to be correct and thus satisfying the ground for dissolution of marriage by decree of divorce. In future if you show the certified copy of the judgement to any one that person may presume that you were at fault hence the divorce case got decided against you.

Question: How do I file a motion to vacate an ex parte judgment in Illinois? What forms are neccessary? The judgment was for a traffic violation. I know it's possible, I just need to know exactly what forms I need to file.

Answer: First, you need to know ex parte's have no form. Search Google or law library records with an actual ex parte from a real case and fill in your info. You have to find out from your court or clerks office when ex parte's for your situation are heard and what time and when you have to submit (in person) your ex parte of the motion to vacate. You then turn it in to the clerk's office the same day so they can send it to the judge. You will then see the judge and he will decide whether or not to grant you a trial(more time, yayyyy). Be prepared as you have to notify the party suing (your aparment's attorney) that you plan to file an ex parte. You must notify them 24 hours before you go to see the judge which is before you will file with the clerk. Meaning, their attorney will be there too, ready to tell the judge why your ex parte should not be granted. Basically, act fast.

Question: How long does it take to get an ex parte order for involuntary examination in florida? my friend was diagnosed as bipola/scizophrenic and won't take his medication. He needs serious help and is a threatening to kill people.

Answer: Call 911 and tell the police. They will Baker Act him. You can also get an Ex Parte from a judge at any hour by calling the police. Tell the police he is threatening to kill someone. He wil be held up to 72 hours for evaluation.

Question: What can you do if your husband divorces you ex parte and takes everything? He divorced me, took everything, and I didn't even get to know there was a hearing. It's too late to appeal. He works outside the US and he got a child support order without any proof of income - he had to do that to get the divorce, but he doesn't pay it. What can I do? 20 years of marriage, kids...he doesn't want to see them (his girlfriend wouldn't like that).

Answer: Get a lawyer...there are things that you can do to get back what is rightfully yours. Unfortunately it may cost you up front but the judge will most likely reward you attorney's fees so he will have to pay you back. He's going to be paying big time and it will definitely be in your best interest to hire a lawyer and take him back to court.

Question: Is it legal for Congress to borrow money requiring an eX parte 3rd person to pay back the loan ie our Children? (Hey Jo the Banker give me a Trillion dollars and my kids will pay you back) ... I just don't think my Bank would do that.

Answer: ?

Question: How much notice do you have to give the other party for an ex-parte custody hearing in CA? My husband and I need to go to court asap for custody of his daughter. How much notice do we need to give her mom. Trust me, it's pretty urgent .

Answer: This should be handled by your husbands lawyer. If he doesn't have one, he should retain one before he does anything.

Question: what is the meaning of ex parte evidence? when does a court ask for this? my wife is taking ex parte divorce . the court is procceding with ex parte procedure. the last date was of testimonig. now on the next one is regarding with ex parte evidence

Answer: Ex parte is with one side showing evidence.

Question: How do I press kidnapping charges against my wife? She has filed false ex parte orders with court? Our 6 month old is being "legally" held by Wendy for now because of those false orders. My own court papers and vast evidence in my defense are being submitted today which should clear those orders against me. Her father and stepmother were accessories in the abduction as well. They came to California from Arkansas to assist. Am I able to press charges in a situation like this??? Thank you.

Answer: I dint get u properly...sorry for that... She cannot "file an order"...she could submit/file a case or documents...If u mean, she got Ex Parte orders from false documents then u cannot do anything, as she have court orders...u reopen the case and submit ur evidences and get the order change...In this case, kidnapping charges wont set...

Question: How can I find out if there is an ex parte ordered against me or pending? I have looked under casenet but nothing is comming up yet my employer states something is pending but will not disclose what

Answer: The best thing you can do in this situation is to go to the courthouse, tell them your name and request any pending paperwork. Any ex parte documents eventually have to be served upon you. If it is affecting your job, I would suggest going to the courthouse as soon as possible.

Question: how do I file a motion to get a hearing for an ex parte order that was served upon me? does anyone know how to file a written motion for a hearing on an ex parte order that was served upon me? I have till monday to request a hearing.. do I just write the judge a letter and request one or do i have to go into full detail as to why i want to request a hearing? Thank You!!

Answer: File a motion in court that you cannot appear on the date of the hearing so that another date will be set.

Question: What happens after an ex parte judgement is granted by a judge?

Answer: Can a judgment be passed ex-parte ? And what happens after? a). Yes, if the court has ordered that by reason of the defendant's absence, the Case should proceed ex-parte. After such an order, the court can proceed even To pronounce judgment ex-parte if the stage for judgment arrives. b). However, such an ex-parte judgment can be set aside by the court if the defendant subsequently applies for setting it aside on the ground that (i) he had not been served with "summons"(notice of suit) or (ii) that though he had been served with the notice, he could not appear and that his non-appearance was due to sufficient cause.(AIR 1955 SC 425). http://ca.search.yahoo.com/search?ei=utf…

Question: What is the meaning of "we are ex parte to that agreement"? The agreement in question is between three other people.

Answer: Well the little Latin I picked up in law school this is one of the phrases. It means "by one party" or "by one side." Basically it means that an agreement (or in a judicial sense an order) was created without one parties input or appearance. Without more cant tell you what it means in your particular case, they may be using the phrase incorrectly.

Question: Can the accused attend a ex parte hearing? Would it be considered legal if the accused and his solicitor is denied information as to the whereabouts of the court, the time of the hearing and is prevented from putting his case forward? Thanks Daniel

Answer: No, the accused can NOT attend an ex parte hearing. That's what ex-parte means, 'without a party'. Whatever court order was issued a the hearing is temporary. You have the right to be at the hearing to extend it.

Question: i was on probation for DUI and violated my probation and got ex-parte, what does that mean? i violated my dui probation and got an ex-parte. what does that mean

Answer: Ex parte just means the judge made a decision without hearing from both sides. In this case the DA probably gave the judge evidence that you violated your probation, and since you were already convicted of a crime, they probably tossed you straight into jail. Am I correct?

Question: Can you file for an Ex Parte Motion without a lawyer? My brother in law is going to try to get emergency custody of his son....and is going to the court house this morning...can he file for this Motion himself? Or will he need a lawyer to do this? Its an Emergency custody situation.

Answer: He should speak with the court clerk regarding the necessary paperwork and court process. It should not necessarily require an attorney. The only self-help I could find on the subject is specific to Michigan but it will give you a general idea of what the process entails. http://courts.michigan.gov/scao/selfhelp…

Question: Ex Parte Restraining Order:does the lawyer or the judge fill out? On an Ex Parte Restraining Order:does the lawyer or the judge fill out the forms as per city or state police jurisdiction,what dates a Respondant can come for property,how many yards Responandant is restrained from,temp child support payments,etc

Answer: In your case the respondent is not you...just thought that needed to be clarified. Your lawyer, if you have one, should fill it out. If you are filing in "Pro Per" meaning filing without an attorney, you need to fill it out. You can always get a lot of help from a family law facilitator for free. I would recommend seeing the facilitator before any attempt is made to fill out the papers on your own...unless you know exactly what you are doing.

Question: would an ex parte(temporary restraining order) matter in a disorderly conduct case? they were in different states and I have no criminal record.

Answer: Yes, If the ex parte order is still in effect. It would show your character to the judge.

Question: What is an ex parte application and how soon after application can hearing take place?

Answer: ex-parte applications are also called 'without notice' applications. It means that the other party to the court action is not informed in advance of the application and it is made in their absence. An ex-parte application is usually used in emergency situations such as to obtain an urgent injunction. The application can be made orally and must be brought before a District Judge at a County Court. Outside normal court hours such applications can be brought over the telephone to the Duty Judge at the High Court of Justice in the Strand. The Judge has the power to make an Order on the hearing of representations from a solicitor or barrister and the because the application is made as a matter of urgency it is heard immediately. That means 24/7. Usually once the Order has been made it must be personally served on the other party before it becomes effective. The Order will stipulate a 'return date'. This is a date, usually 14 days after the granting of the ex-parte application when all parties must attend court for a hearing on the Order. At this hearing the party against whom the Order was made can make representations against the Order and in some circumstances the Order will either be extended, varied or cancelled. It is primarily an emergency procedure which I tend to use most often in matrimonial proceedings, usually to stop harrassment or threatening behaviour or to stop someone from withdrawing money from a bank account or to stop the sale of a property. see:

Question: what does ex parte motion for custody and emergency hearing mean i got served these papers? i got serverd these papers by my exs lawyer and i am not sure what they mean. i know he wants to try to take them from me but what does the ex parte mean.

Answer: Here you go: http://en.wikipedia.org/wiki/Ex_parte Ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties.

Question: What does EX PARTE COMMUNICATION, written in court records, mean? The words were written in regards to court records that are documenting an upcoming small claims lawsuit.

Answer: Hillary's absolutely right. Here's the definition from Black's Law Dictionary: "A judicial proceeding, order injunction, etc. is said to be ex parte when it is taken or granted at the instance [means 'request' in this connotation] and for the benefit of one party only, and without notice to, or contestation by, any person adversely interested." Hillary's also correct in suggesting this is not a good thing and you should find out everything you can about an ex parte communication.