What is an ex parte hearing in civil litigation?

An ex parte hearing is a type of court hearing in civil litigation that takes place when only one side is present. It occurs when one party files a petition for relief and the other party does not respond. In North Carolina, an ex parte hearing is commonly used when a party requires emergency relief, such as a temporary restraining order or a temporary injunction, since the other party may not be aware or have enough time to respond. During the hearing, the court hears evidence from the party seeking relief and makes a decision on the matter. In some cases, the ex parte hearing is conducted without a court trial, which means that the court’s decision is based solely on the party’s evidence. If the court finds that the petition has merit, it may grant temporary or permanent relief to the party. On the other hand, if the court finds that the petition does not have merit, it will dismiss the petition. In North Carolina, it is important to note that an ex parte hearing cannot grant full relief that would be available if both parties attended the hearing. Furthermore, both parties must attend subsequent hearings for the court to make a final decision on the matter.

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