What is an ex parte hearing in civil litigation?
An ex parte hearing in civil litigation is when a judge or court hears a case with only one party present. This means that the other party or both parties in the case are either not present or are not represented. This type of hearing often occurs when there is an emergency situation or when planning out a case that is time sensitive. A common example of when an ex parte hearing occurs is when one party files for a temporary restraining order or an injunction. This means that one party is asking for a court-ordered order to stop the other party from engaging in certain behaviors or activities. In Washington State, the court can consider ex parte requests for relief in civil cases in order to protect the party and/or their property. Ex parte hearings can be beneficial as they are faster and more efficient than other hearings. However, since only one party is present, the court must be careful to make sure that the other party is aware of the hearing and given the opportunity to be heard. Additionally, the court must take into account that the party who filed the ex parte request has an incentive to provide a one-sided version of the facts and law.
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