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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.
In Endo's case—Ex parte Mitsuye Endo—the court unanimously ruled on Dec. 18, 1944, that the government could not detain citizens who were loyal to the United States. The day before the ruling, hearing that the case would go against his Executive Order 9066 Pres. Roosevelt issued an order allowing Japanese Americans to return to the West Coast.
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:
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur.. Under United States law, FRCP 64 provides with several types of seizure (e.g. garnishment, replevin, attachment) that a Federal Court may use pursuant to state law.
Ex parte Mitsuye Endo, 323 U.S. 283 (1944), was a United States Supreme Court ex parte decision handed down on December 18, 1944, in which the Court unanimously ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States. [1]
Ex parte Bain, 121 U.S. 1 (1887), overruled in part by United States v. ... Proof beyond a reasonable doubt. Coffin v. United States, 156 U.S. 432 (1895)*
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
Inter partes, Latin for 'between the parties', [1] is a law 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.