Ex Parte Application

When the ex parte application is used

Timing: only when there is a genuine need for immediate relief that cannot wait for a regularly noticed motion. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 6(c)(1) requires a written motion and notice of the hearing to be served at least 14 days before the hearing, but that requirement does not apply when the motion may be heard ex parte (Rule 6(c)(1)(A)); a court order setting a different time may itself be applied for ex parte for good cause (Rule 6(c)(1)(C)).
• A temporary restraining order may issue without written or oral notice to the adverse party or its attorney only if specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss or damage will result to the movant before the adverse party can be heard in opposition, and the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required (Rule 65(b)(1)).

More rules for the ex parte application

• Most ex parte procedure is set by local rules and the judge's standing orders, which often require advance notice to the other side, a declaration explaining the urgency and a proposed order. Read them before filing.
• Except as authorized by law, a federal judge should not initiate, permit or consider ex parte communications on the merits, or procedures affecting the merits, of a pending or impending proceeding (Code of Conduct for U.S. Judges, Canon 3(A)(4)); an ex parte application is a filed request handled under the court's rules, not a private communication with the judge.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 6(c)(1)(A), 65(b)(1); local rules online. Also, the federal judiciary publishes the current rules and recent amendments.

The ex parte application in state court

This page covers the federal version. In state court, the ex parte application may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Ex parte: latin for "from one side." An action, application or communication by or for one party without the other party present or notified.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a Temporary Restraining Order (TRO): an emergency request for a short-term order, sometimes without notice to the other side, to prevent immediate and irreparable harm.
• Motion for Extension of Time: a request for more time to do something the rules or a court order require.
• Motions: Form and Requirements: the general rules every written motion must follow.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on ex parte application. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.