Ex Parte Motion — (i) what is it, (ii) when is it used, (iii) what are the opponents remedies?

Ex Parte Motion — (i) what is it, (ii) when is it used, (iii) what are the opponents remedies?

• A. (i) A motion where no advance notice is given to opponent; (ii) When the moving party needs express statutory authorization; (iii) There is no appeal directly from an ex parte order. Opponent must make a motion on notice to vacate it. If that motion is denied, then the party can appeal.
• B. (i) A motion where notice is always given; (ii) Used for discovery; (iii) Immediate appeal is possible
• C. (i) A motion to compel discovery; (ii) Used in family court; (iii) There are always remedies
• D. (i) A motion for new trial; (ii) Used after verdict; (iii) No remedies

Answer: (A)

Ex parte relief is a request for court action heard without giving the other side a chance to respond. It’s used when immediate action is required and the rules or statutes explicitly authorize presenting the matter without notice, such as to prevent irreparable harm or to preserve rights before a full hearing. The remedy for the opposing party is not a direct appeal from the ex parte order itself; instead, they typically must file a motion on notice to vacate or modify the order so that both sides can be heard. If that on-notice motion is denied, they can then appeal the resulting final order. This fits the idea that ex parte actions are exceptional and tightly constrained by statute or rule, rather than routine procedures.

Ex parte relief is a request for court action heard without giving the other side a chance to respond. It’s used when immediate action is required and the rules or statutes explicitly authorize presenting the matter without notice, such as to prevent irreparable harm or to preserve rights before a full hearing. The remedy for the opposing party is not a direct appeal from the ex parte order itself; instead, they typically must file a motion on notice to vacate or modify the order so that both sides can be heard. If that on-notice motion is denied, they can then appeal the resulting final order. This fits the idea that ex parte actions are exceptional and tightly constrained by statute or rule, rather than routine procedures.