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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.
inaudita altera parte: without hearing the other party Equivalent of common law ex parte, especially in the context of submitting a motion, brief, or obtaining relief as fast as possible incapax: incapable (Scots law) person not having capacity (mental, legal, or otherwise). [ɪnˈkapaks] indignus (heres) unworthy heir
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional.
To get a warrant, police must present a judge with an ITO (information to obtain) form that contains reasonable and probable grounds to believe an offence has been or is being committed and that the authorization sought will afford evidence of that offence. This hearing is ex parte, meaning only the crown is present. This fact obliges the ...
This procedure for ex parte out-of-court pretrial examinations under the authority of courts of equity came to be called a "deposition". It continued to be used as an evidence preservation device in aid of actions at law, but it also became the standard method for developing the factual record to be used in courts of equity as derived from the ...
Contested evidence should be kept in the supervising lawyer's custody. The supervising lawyer, referred to as an independent supervising solicitor (ISS), should: act as a neutral officer of the court, explain the court's order to the defendant, supervise the search for and seizure of evidence from the defendant, objectively report to the Court,
Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. [1] It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus " under the Constitution's Suspension Clause , when Congress was in recess and therefore ...
The House of Lords overruled the Court of Appeal's reconsideration because the issue of whether it had been demonstrated that there was good reason for an extension of the time period had already been concluded at the point of A′s application for review and no good reason had been shown for extending the period within the meaning of Order 53 ...