ex parte

Ex parte means “from one party” in Latin. In law, the term is used in multiple contexts, particularly in legal ethics and civil procedure.

In legal ethics, ex parte refers to communication with a judge or opposing party without the presence or knowledge of the other party's attorney. Most professional conduct rules prohibit such contact, as it can create an appearance of bias or unfair advantage. Violations are commonly referred to as improper ex parte communications.

In civil procedure, ex parte refers to motions or applications made by one party without notice to or participation by the opposing party. These are typically used for temporary or emergency relief, such as a temporary restraining order, and are generally in effect only until a full hearing can be held.

Courts are cautious in granting ex parte relief because it may conflict with due process rights under the Fifth and Fourteenth Amendments, which guarantee notice and an opportunity to be heard.

[Last reviewed in July of 2025 by the Wex Definitions Team] 

Keywords

• LEGAL ETHICS
• civil procedure
• ex parte

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