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Ex Parte

Whenever the judge hears from one side only. Generally, ex parte communications are prohibited because they can be unfair and violate due process. Both parties must have the right to tell the court their side of the story. However, there are some emergency situations when the court might find it appropriate. For example, see ex parte protective order.

Question: Why would you opt for an ex parte rather than a restraining order? I do some volunteer work with a victim's rights center and we recently had a training over ex partes. I was wondering why a victim would choose an ex parte rather than a restraining order since an ex parte has no distance protection. I'm in Missouri so I don't know if it varies from state to state. Any suggestions or answers would be great.

Answer: I do not know what you were told in training but my understanding that an ex parte order of protection is indeed a restraining order and can include prohibition that the party restrained stay away from the petitioner. The "ex parte" designation means that the order is issued on application of the petitioner only, without notice to respondent and without a hearing. It is a temporary order that is served on the respondent and is followed by a hearing wherein the court determines whether to enter a full order of protection. I'm in Mo. too. Check the statutes. They set it all out.

 


Ex Parte Related Products and News

DAWN.com

Foreign assets case: LHC to start ex parte proceedings against politicians
DAWN.com
 

Ex Parte Communications Between Treating Physician And Attorneys

Mondaq News Alerts (registration)
Under HIPAA, physicians are permitted to disclose "protected health information" to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their attorneys with the information ...
 

Forbes

PG&E Takes Action to Address Ex Parte Communication Issues Identified in Self ...
CNNMoney
 

Heller Wants FCC Info On Ex Parte Exemptions

Broadcasting & Cable
Actually under the FCC's rules, there is a provision for exempting parties from ex parte filings detailing their meetings as a way to let folks talk without fear of retribution. But Heller is concerned that the bar not be set too low. "I recognize and ...
 

Cedents Challenge Reinsurance Arbitration Awards, Alleging Improper Ex Parte ...

HarrisMartin Publishing
DETROIT ? Cedents are urging a Michigan federal judge to vacate or modify reinsurance arbitration awards issued in their dispute with National Union Fire Insurance Co., asserting that National Union's arbitrator had improper ex parte communications ...
 

Economic Times

Bombay HC passed an ex-parte order restricting Park Hotel from using Candy ...
Jagran Josh
 

Accelerating ex parte PTAB Appeals: For a Fee

Patently-O
To meet that requirement, the PTAB has put tremendous resources into its trial teams to ensure sufficient bandwidth to handle the hundreds of inter partes trials. At the same time, a 25,000 case backlog of pending ex parte appeals persists at the ...
 

Cedents Challenge Reinsurance Arbitration Awards, Asserting Improper Ex ...

HarrisMartin Publishing
DETROIT ? Cedents are urging a Michigan federal judge to vacate or modify reinsurance arbitration awards issued in their dispute with National Union Fire Insurance Co., asserting that National Union's arbitrator had improper ex parte communications ...
 

Kansas City Ordinance Will Let Municipal Courts Enforce Ex Parte Orders

KCUR
The Kansas City City Council is seeking to further curb domestic violence by letting the municipal courts enforce orders made by judges without all parties present, also known as ex parte orders. The ordinance the public safety committee approved ...
 

Failure to Disclose Adverse Litigation Claim Constructions During Ex Parte ...

Patently-O
The substantive allegations of the claim were that during ex parte reexam the patentee knew of but failed to disclose a district court's claim interpretation that contradicted its position in reexam. Specifically, the District Court had construed the ...