What does an ex-parte mean and how can I find out what it is for?
2006-09-06 08:46:15 · 7 answers · asked by loqtpy 1 in Politics & Government ➔ Law & Ethics
Go in to hiding!!!!!!!!
2006-09-06 08:51:34 · answer #1 · answered by rab 4 · 0⤊ 2⤋
Ex-parte means one party.
There are some motions that are filed that the court can rule on without needing to hear from both sides, and without significant notice in advance of the hearing.
However, most court rules generally require at least 24 hours notice to the opposing side, in case you want to oppose whatever the motion is.
If you are not currently in a lawsuit, then the hearing is likely for a temporary restraining order, which is one of the few types of civil proceedings that can be initiated ex-parte. If you do not appear, then the judge will rule on the other party's petition anyway.
You should have been notified both of the date/time of the ex-parte hearing, and the subject matter. If not, you can call the clerk of the court and find out what the subject matter is.
You should also contact an attorney to represent you in the matter.
2006-09-06 15:56:56 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
As Coragryph said, it is likely she was talking about an ex-parte order for protection or restraining order. If that is in fact what the person was referring to, their phone call to you isn't legally considered notification of the hearing. You should be served by certified mail or a process server or sheriff's deputy to be considered *legally* notified of the temporary order. After you have received service in the required manner, you will be required to show up in court to tell your side of the situation, but people rarely if ever have attorneys when going to restraining order hearings.
If you have been legally notified of the hearing and you fail to appear, the judge will grant the order to the petitioner, and you will be required to follow the terms of that order or be in violation of the law and subject to arrest.
2006-09-06 17:23:25 · answer #3 · answered by ? 6 · 0⤊ 0⤋
Exparte means temporary.
It is normally used in terminology regarding Orders of Protection.
You need to find out who called you (if they are law enforcement/process server) and see if they were serving you by phone or just letting you know that one is coming.
If you were served by phone, contact the person back and get a copy of the order. It is very serious and you can be arrested for violating it.
Contact your local law enforcement agency and find out who keeps them on file (possibly will be the sheriff dept). You need a copy of this order.
2006-09-06 15:54:58 · answer #4 · answered by tnmack 3 · 0⤊ 1⤋
She wants to serve you a subpoena making you a part of a lawsuit.
I would avoid her like the plague...
2006-09-06 15:48:40 · answer #5 · answered by Anonymous · 1⤊ 2⤋
sounds like you're gonna get the shaft if you don't see what it's about. I'd at leaste see what the heck is going on.
2006-09-06 15:56:01 · answer #6 · answered by Rusty 4 · 0⤊ 1⤋
Here you go
2006-09-06 15:51:06 · answer #7 · answered by buzzy360comecme 3 · 0⤊ 1⤋