In Laymans terms, Ex Parte is when a courtroom procedure occours without one of the parties of the matter present.
Ex parte in regards to business litigation is a powerful tool that can be used in civil matters. It literally means “from one” and allows for a court to decide a case without a response from the other party. It is usually filed in emergency situations when there could be harm in waiting for a motion to be heard in a standard time frame for the court.
The advantage is simple. You can prevent imminent harm by having a temporary order issued by the court before a full review is heard with cases presented by both parties.
When Is an Ex Parte Motion an Option?
Under US law, the Fifth Amendment allows for the right to due process. Because ex parte is a proceeding that is conducted without prior notice or with the presence of other parties, it naturally gives an advantage to the business which files for such a proceeding.
The goal is to make sure that harm does not happen to a business before the hearing occurs.
Imagine you have a litigation case before you where you suspect that the assets that are under dispute could be transferred outside of the court’s jurisdiction. Instead of needing to win the litigation case and then fight to have those assets returned, an ex parte order would prevent those assets from being transferred in the first place.
With a granted order due to pending litigation, asset freezing and document disclosures are also possibilities that can be obtained. Courts may also order ex parte access that would allow the legal team for your business to contact the financial institutions and other representatives of the other party and interview them if consent is obtained.
Should another business be suspected of destroying evidence that is critical to proving your litigation case, an ex parte order could be potentially successful here as well to prevent that destruction.
An Ex Parte Order Is Always Temporary in Nature
With ex parte, you’d be able to petition the court for a temporary injunction that would stop the former employee from sharing that data. The same principle applies in other aspects of financial harm from a litigation standpoint.
Despite its temporary nature, there are some unique advantages that can be obtained with this type of order.
- For international litigation, there is the option to be able to choose the forum in which to begin the proceedings.
- There may be more than one jurisdiction where the order could be obtained.
- This allows for the fastest scheduling for the hearing to be able to take place.
The primary advantage from an ex parte order, however, is one that isn’t usually documented. The issuance of such an order can often have the effect of “pre-judging” the litigation case.
What Is the Process for Filing an Ex Parte Motion?
Each jurisdiction and court has a specific process that must be followed when an ex parte motion is desired. This process can be located in the Rules of Civil Procedure and will including timelines, notification deadlines, and other requirements that are necessary for an order to be issued.
Your legal representatives may also wish to consult with the court clerk.
It is important to remember that every case is unique. When harm may be done before the court can intercede, ex parte keeps your options open. That’s why it can be such a useful tool when you have litigation defense needs.