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Ex Parte

Latin: outside the awareness of a party.

Latin: for one party only.

Ex parte refers to those proceedings where one of the parties has not received notice and, therefore, is neither present nor represented.

If a person received notice of a hearing and chose not to attend, then the hearing would not be called ex parte.

Some jurisdictions expand the definition to include any proceeding that goes undefended, even though proper notice has been given.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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