What is an ex parte motion?

An ex parte motion is characterized by being presented to the court by one party without the knowledge or presence of the other party. This type of motion is typically used in situations where immediate relief is necessary, and notifying the other party might hinder or delay the process. The court allows such motions under certain circumstances to ensure that urgent matters can be addressed promptly, especially when there is a perceived risk of harm or the need for swift action to protect rights.

The nature of ex parte motions underlines the importance of balancing the need for expedience with the principles of fairness and due process, as they can proceed without the usual protocols of notifying or allowing the opposing party to respond. This concept is central to understanding legal procedures where time-sensitive issues arise.