Parte Motion Order Form
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Why are some cases ex parte?
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
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What are the reasons for ex parte set aside?
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex- parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.
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What is a parte in law?
Latin term meaning "by or for one party." The term refers to an attorney's communication with: A judge or arbitrator without notice to, and outside the presence of, the other parties.
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What is an example of ex parte motion?
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
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What is the difference between a motion and an order?
Motion: A request by a litigant to a judge for a decision on an issue relating to the case. Movant: The party that files a motion. Order: The court's command to a party, decision on a motion, or resolution of an issue in the case.
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Why would an ex parte be denied?
Why Would an Ex Parte Be Denied? An ex parte order might be denied for several reasons: Insufficient Evidence: If the petition doesn't provide enough evidence to prove that the child is in immediate danger, the judge may deny the ex parte order.
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What is an example of an ex parte motion?
An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.
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What are the reasons for ex parte motion?
There must be an emergency Irreparable harm to someone in the case (usually you or your child) Loss or damage to property.
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