What is an ex parte hearing in civil litigation?
An ex parte hearing in civil litigation is a legal hearing where only one party is present. It usually occurs when a court needs to make a decision and the presence of the other party is not required. During an ex parte hearing, the court will listen and review the evidence and arguments presented by one party and then make a ruling. In New Jersey, ex parte hearings are usually held when a court needs to make a quick decision or when it is not practical for both parties to be present. Examples of this could include a motion for a temporary restraining order or an emergency custody hearing. An ex parte hearing can help avoid delays in legal proceedings, and also helps protect the rights of the parties involved. When an ex parte hearing is requested, the court will typically require evidence to be submitted in advance. This could include witness statements or other forms of evidence that can be used to support whatever decision the court is being asked to make. The court will then hear the evidence and arguments from the party present and make a ruling, which may or may not be in favor of the other party. Ex parte hearings can be beneficial for both parties in certain circumstances, as they help ensure that cases are resolved quickly. It is important to note, however, that these hearings are not without some risk. Because only one party is present, the court may make a decision that is not in the best interests of the absent party. For this reason, legal counsel should be sought prior to requesting an ex parte hearing.
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