What Is An Ex Parte Court Order?
What is an ex parte court order?
An ex parte court order is obtained by one party going to the judge to ask for something without giving prior notice or an opportunity to be heard by the other side. An ex parte order is generally granted if there is an emergency situation. The judge may issue orders on the documents that were filed, without a formal hearing.
With the exception of restraining orders, judges are reluctant to sign ex parte orders. Ordinarily the court will require the other side to have notice of any requests for court orders, and a hearing before the judge will be held.
An affidavit, which is a written statement sworn under penalty of perjury of the laws of the State of Louisiana, is usually required before a judge will sign an ex parte order. Ex parte orders are generally limited to emergency situations, such as requests for temporary restraining orders, protective orders and emergency custody orders.
When an ex parte order is granted it is for a limited period of time. The party who did not request the order will have an opportunity to have a subsequent hearing before the judge to determine whether the order should remain in effect.