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EX PARTE

Lat.: in behalf of or on the application of one party; by or for one party. An ex parte judicial proceeding is one brought for the benefit of one party only, without notice to or challenge by an adverse party. Therefore, in an ex parte proceeding the adverse party and his or her evidence are excluded. For this reason, such proceedings are not favored, and any relief obtained ex parte is subject to speedy review. EXAMPLE: Application to install wiretaps on telephones are always made ex parte, i.e., without notice to the person whose phone is sought to be electronically surveilled. Otherwise, the person will know his or her phone is wiretapped and avoid incriminating conversations. Because the application is ex parte, requireements not usually insisted on must be met to protect privacy, and the person who is recorded may challenge the sufficiency of the application at a later opportunity. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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