Ex-parte motions are made usually in civil cases in which usually only one side appears in court due to the urgency of the matter
An emergency hearing in which only one side appears in court for a motion to be heard without giving the full legal notice required by statute to opposing counsel.
Ex-parte proceedings are usually allowed only where urgent and immediate action is necessary, and there is not enough time for the other side to respond. These types of motions are common in divorce law cases in which one spouse needs an emergency restraining order against the other spouse and there is not sufficient time to avoid potential harm.
The motion must be accompanied by a sworn declaration of the attorney in support of the motion and must usually include an order to shorten the time necessary to give notice so the motion could be heard on an expedited basis.
