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In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
The ex parte application represents a departure from this rule. The courts will examine such an application very carefully, that the interests of affected persons may be properly safeguarded. There are two important principles for ensuring fairness to the party against whom relief is sought in terms of an ex parte application:
Of great importance is the onus upon an applicant to establish proper grounds for obtaining such an order. This is due to the largely ex parte nature of the application. As such, an applicant must demonstrate not only that it has reasonable grounds for success in its case but must put the likely counter arguments of a respondent if that ...
Ex parte reexaminations are initiated by members of the public, but once said members submit their request, they no longer actively participate in the proceedings. The correspondence is strictly between the examiner and the patent owner. The fee for filing a request for an ex parte reexamination is $6,000 as of January 16, 2018. [7]
A's application to the CICB was refused verbally on 31 August 1993, and subsequently in writing by the end of 1993. Five days after the burglary, ′A′ had been examined by a police doctor who had confirmed that the findings of the examination were consistent with the allegation of buggery. [ 6 ] ′
In law, inter partes (Law Latin for 'between the parties' [1]) is a legal term that can be distinguished from in rem, which refers to a legal action whose jurisdiction is based on the control of property, or ex parte, which refers to a legal action that is by a single party.
Pharmaceutical Manufacturers Association of SA and Another: In re ex parte President of the Republic of South Africa and Others is an important case in South African constitutional law.
Ex parte Joins, 191 U.S. 93 (1903), was a case in which the Supreme Court of the United States held that a request for a writ of prohibition was moot, as the lower court case had already been completed prior to the petition being heard at the Supreme Court.
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