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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

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 ...
 

Economic Times

Rise in ex-parte orders upset generic drugmakers' future business plans
Economic Times
 

USPTO Re-Confirms Validity of Network-1's Remote Power Patent in Ex Parte ...

PR Newswire (press release)
The Remote Power Patent had been reexamined by the USPTO as a result of an unknown third party's request for ex parte reexamination of certain claims of the Remote Power Patent, which was granted by the USPTO in September 2012. The request for ...
 

Hoyng Monegier LLP | Hoyng Monegier obtains an ex parte injunction by the ...

Linex Legal (press release) (registration)
Search: PRESSHoyng Monegier obtains an ex parte injunction by the Spanish Court against Bayer Hispania for patent infringement 20 August 2014 Wed, 08/20/2014 (All day)Hoyng Monegier, representing Merck Sharp & Dohme Animal Health, S.L. and ...
 

Jailed candidate could be excluded from Marina mayor's ballot

Monterey County Herald
The hearing was placed on Wills' urgent "ex parte" calendar because, Brown said, county election materials need to printed by Sept. 4. According to California Government Code, cited in Brown's filing, mayoral candidates must be registered to vote in ...
 

GovExec.com

Immigration Judges Want to Break Free from the Justice Department
GovExec.com
 

NBCNews.com

Judges Union: Immigration Courts, an 'Alternate Legal Universe'
NBCNews.com
 

Osun Defender

Osun: PDP wants election cancelled
Osun Defender
 

Texas Lawyer

Perry Claims Indictment Violates Constitution
Texas Lawyer
 

PTO Litigation Center Report ? August 27, 2014

The National Law Review
Listed below are all new filings before PTAB of requests for inter partes review (IPR) and covered business methods review (CBM). Since the last report, no new requests for ex parte reexamination at the USPTO have been posted. This listing is current ...