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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:
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]
Failure to adhere strictly to the third-day time period has mostly been taken to be fatal to the application. In Ex parte Harmse, the court held that the failure is a formal defect or irregularity, as envisaged by section 157(1), and therefore does not invalidate the application unless it has caused a substantial injustice which cannot be ...
The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
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 ...
The section on ex parte seizure amends the Lanham Act, creating stronger remedies in civil cases involving the intentional use of counterfeit trademarks. [3] Trademark registrants may apply for an ex parte seizure through the courts without notifying the counterfeiting party. The courts, however, will not grant the ex parte seizure unless
Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice , constructive notice .