What is an ex parte hearing in civil litigation?
An ex parte hearing in civil litigation is a type of court hearing where only one party appears in court. This usually occurs when a court is asked to grant an emergency motion, such as when a party needs protection from harm or other legal relief. In an ex parte hearing, the other side does not have an opportunity to present their side of the case or to object to the motion. This is done to ensure that the court acts quickly and the situation is resolved without further delay. In California, ex parte hearings are governed by the California Code of Civil Procedure. When a party seeks a court order without giving the other side notice, they must file an ex parte application. This application must meet certain legal requirements in order to be granted. These include a written and sworn statement of the facts and circumstances that support the granting of the order. The application must also comply with the California Rules of Court. Ex parte hearings are typically used for temporary or emergency orders. They are also used for enforceable rulings or judgments. In California, the court may grant an ex parte order if it is satisfied that the moving party has no adequate remedy at law and that the order is in the best interest of justice. Ultimately, the court is tasked with balancing the merits of the case and the urgency of the need for the order.
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