What is an ex parte hearing in civil litigation?
An ex parte hearing in civil litigation is a type of hearing where a party to the lawsuit is allowed to present a argument or evidence to the court without the opposing party present. This type of hearing is commonly used in cases where one party needs to make an emergency request for a court order or injunction. In Hawaii, ex parte hearings typically involve one of the parties filing a motion with the court and providing notice of the hearing to the other party. The notice should contain the date, time, and location of the hearing and a brief statement of what kind of order they are seeking. At the hearing, the party who filed the motion will be expected to present evidence and arguments in support of the order they are seeking. The judge will consider the arguments and evidence presented and may grant the party’s request. Ex parte hearings are a relatively rare occurrence in civil litigation and are generally only used in situations where there is an immediate threat or harm to one of the parties. For this reason, the court can take steps to ensure that both parties are heard in the matter. This includes providing notice to the other party and sometimes allowing them to respond in writing before the hearing.
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