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Ex parte

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In the heading of a reported case, signifies that the name following is that of the party upon whose application the case is heard. In its primary sense, e parte, as applied to an application in a judicial proceeding, means that it is made by a person who is not a party to the proceeding, but who has an interest in the matter which entitles him to make the application. Thus, in a bankruptcy proceeding or an administration action, an application by A. B., a creditor, or the like, would be described as made "ex parte A. B.," i. e., on the part of A. B. In its more usual sense, ex parte means that an application is made by one party to a proceeding in the absence of the other. Thus, an ex parte injunction is one granted without the opposite party having had notice of the application. It would not be called "ex parte" if he had proper notice of it, and chose not to appear to oppose it. Sweet. On one side only; by or for one party; done for, in behalf of or on the application of, one party only. A judicial proceeding, order, injunction, etc., is said to be ex parte when it is token or granted at the instance and for the benefit of one party only, and without notice to or contestation by, any person adversely interested.