What is an ex parte hearing in civil litigation?

An ex parte hearing in civil litigation is a hearing where only one side is present. This type of hearing is used in some states, like South Carolina, where a judge may make certain orders without the other side being present. Ex parte hearings are usually short, and the decision of the judge is typically based on information provided by one party. During an ex parte hearing, the party making the request typically presents their case to the judge. This includes explaining any relevant facts and legal arguments. The other party is not present to respond to the request. Since only one side presents their argument, a judge may not be able to make a fully informed decision. In South Carolina, ex parte hearings are used for certain types of emergency orders, such as restraining orders. A final decision is typically made after a hearing that includes both parties. However, an ex parte hearing is often used to make a temporary or preliminary decision that is in effect until the final hearing. Ex parte hearings are used in civil litigation in South Carolina in order to avoid delays or the possibility of irreparable harm. For example, if one party is looking for a restraining order to protect from harm, an ex parte hearing may provide them with temporary protection until the final hearing can take place.

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