Ex parte
Ex parte: Latin for "from one side." An action, application or communication by or for one party without the other party present or notified. Courts allow ex parte proceedings only in limited situations, such as some temporary restraining orders under Fed. R. Civ. P. 65(b)(1). Judicial ethics rules generally bar judges from ex parte communications about a pending case (Code of Conduct for United States Judges, Canon 3(A)(4)). In case names, "Ex parte" introduces an application made by one party, as in Ex parte Young, 209 U.S. 123 (1908).
What ex parte means
In short, ex parte is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.
Where ex parte comes up
For example, the term appears in these procedures:
- Ex Parte Application (Fed. R. Civ. P. 6(c)(1)(A), 65(b)(1); local rules): a request asking the court for an order on short notice, or in limited cases without notice, because the matter cannot wait for a regularly noticed motion. Courts use ex parte procedure for things such as temporary restraining orders, orders shortening time and short extensions.
- Motion for a Temporary Restraining Order (TRO) (Fed. R. Civ. P. 65(b)): an emergency request for a short-term order, sometimes without notice to the other side, to prevent immediate and irreparable harm.
How to research the term
To research ex parte, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.
You can read the official rule text online for free.
Related legal terms
- Temporary restraining order: a short-term emergency order to prevent immediate and irreparable harm before a hearing can be held.
- Irreparable harm: harm that money damages cannot adequately fix after the fact.
- Bond: has several meanings.
- Verified complaint: a complaint whose allegations are sworn to or declared true under penalty of perjury.
- Restraining order: a court order that tells a person to do, or more often not to do, something.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.