Ex parte

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.

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, ete., ia said to be ew parte when it is taken or pranted at the instance and for the benefit of one party only, and without notice to, or contestation by, any person adversely interested. “Ha parte,” in the heading of a reported case, signifies that the name following is that of the party upon whose application the case ig heard. Tn its primary sense, ex parte, as applied to an application in a judicial proceeding, means that it ls made by & person who is not a party to the proceeding, but who has an interest in the matter which entitles him tomaketheapplication, Thus, ina bankruptcy proceeding or an administration action, 2n application by A. B., a creditor, or the like, would be describedas made “ex parte A. B.,” i. e., On the partof A. B. Tn its more usual sense, ex parte Means that an application is made by one party to a preceeding in thé 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 uat to appear to oppose it. Bweet.

Lat. From, or of a part or side; of the one part; from, or upon one side. A common term in practice, which seems to have originally been derived from the canon law. Durand, Spec. Jur. lib. 2, tit. De rescript. praesentatione, passim. See Calv. Lex. Jur. An ex parte application to a court is an application made by one party only, without notice to the opposite party, or opportunity given him to oppose it. Holthouse. 1 Burr. Pr. 340.

of the one part. Many things may be done ez parte, when the opposite party has had notice; an affidavit, or deposition is said to be taken ez parte, when only one of the parties attends to taking the game.