What is an ex parte hearing in civil litigation?

An ex parte hearing in civil litigation is a court proceeding where only one party is present. In other words, only one side of the argument is heard by the judge. Ex parte hearings are different from regular hearings because a defendant may not be present, or they may choose not to participate. This type of hearing is normally requested when one party needs a court order quickly and they don’t have time to notify the other party. An ex parte hearing is also common in cases involving emergency situations, such as custody disputes. In New York, an ex parte hearing generally starts with the filing of a motion. The party requesting the ex parte hearing has to provide the court with a legal justification for why they need a hearing without the other party. If the court is convinced by the plaintiff’s legal argument, they may grant an ex parte hearing. Once the hearing is complete, the judge will issue an order. Depending on the specifics of the case, the order may be temporary or permanent. Throughout the U.S., ex parte hearings are typically seen as a last resort option. It’s important that both parties have the chance to make their argument before the court, and therefore, ex parte hearings should only be used when absolutely necessary.

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What is an ex parte hearing in civil litigation?

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