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Ex parte - Wikipedia, the free encyclopedia (388 words) |
 | Ex parte is a Latin legal term meaning "from (by or for) one party" (IPA pronunciation: [ɛks 'pɑ(r)teɪ] or [ɛks 'pɑ(r)ti]), although the proper Latin pronunciation is [ɛks 'pɑ(r)tə]). |
| An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. |
| The prisoner's ex parte application only sought an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to contest the prisoner's claims at a hearing on the merits. |
| Ex Parte Applications (4514 words) |
| All ex parte applications are to be submitted to the Ex Parte Office (Room 315) except in Commercial Division cases, in which the applications should be submitted to the Commercial Division Support Office (Room 148). |
| Where an order is obtained ex parte (except one based upon CPLR 6201(1)), it must provide that the applicant, within five days after levy on the property, shall move on such notice as the court shall direct to confirm the attachment. |
| An ex parte application of this sort must be accompanied by the filing of an RJI (unless for some reason the matter had already been assigned, e.g., on a motion for the appointment of a receiver). |
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