What is ex parte provisional relief in international litigation?
Ex parte provisional relief in international litigation is a court order for temporary relief that a judge issues without notifying the other party in the case. This type of relief is often used in international cases where there may be urgency to the situation, such as when one party may have to act quickly to protect its rights. In Texas, ex parte provisional relief can be sought in an international litigation case when there is a compelling need for immediate relief. The Texas Rules of Civil Procedure set out conditions that must be met in order to be granted ex parte provisional relief. These conditions include the existence of substantial risk that the rights of a party will be irreparably harmed if the relief is not granted, that the party’s legal rights are likely to succeed on the merits of the case or controversy, and that the assessment of the balance of hardships favors the party. Once ex parte provisional relief is granted, the court sets a hearing date within ten days to give the opposing party an opportunity to be heard. If the opposing party does not appear at the hearing, the judge may enter a final judgment. If they do appear, the judge will weigh the evidence and decide whether to keep the provisional relief or not. If the opposing party is able to show that the initial conditions are not met, the court may revoke the provisional relief.
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