Ex Parte Motion: what is it, when is it used, and what are the remedies available to the opponent?

Ex Parte Motion: what is it, when is it used, and what are the remedies available to the opponent?

• A. Ex parte motions are never allowed
• B. (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.
• C. Ex parte motions are always subject to immediate appeal
• D. Ex parte motions require notice to the opponent

Answer: (B)

Ex parte relief is an emergency tool that lets the court grant relief without giving the opposing party advance notice. It’s not the normal route; it’s reserved for situations where waiting to notify could cause irreparable harm or where law explicitly allows it. Because notice is bypassed, the order is typically temporary and subject to later review on notice to the other side. The opponent’s remedy is to file a motion on notice to vacate or modify the ex parte order. If that on-notice motion is denied, the usual route is to seek appellate review of the court’s final decision, rather than a direct appeal from the ex parte order itself. This is why the statement that there is no appeal directly from an ex parte order, and that the remedy is a on-notice motion to vacate followed by appeal if denied, best captures how ex parte relief works.

Ex parte relief is an emergency tool that lets the court grant relief without giving the opposing party advance notice. It’s not the normal route; it’s reserved for situations where waiting to notify could cause irreparable harm or where law explicitly allows it. Because notice is bypassed, the order is typically temporary and subject to later review on notice to the other side.

The opponent’s remedy is to file a motion on notice to vacate or modify the ex parte order. If that on-notice motion is denied, the usual route is to seek appellate review of the court’s final decision, rather than a direct appeal from the ex parte order itself. This is why the statement that there is no appeal directly from an ex parte order, and that the remedy is a on-notice motion to vacate followed by appeal if denied, best captures how ex parte relief works.