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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.
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.
In R v Medical Appeal Tribunal, ex parte Gilmore (1957), [6] the legality of the total ouster clause in section 36(3) of the National Insurance (Industrial Injuries) Act 1946 [10] was doubted by the Court of Appeal of England and Wales, which issued a certiorari (which would today be called a quashing order) against the Medical Appeal Tribunal ...
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
It replaced a previous review procedure called inter partes reexamination, which in turn stemmed from ex parte reexamination proceedings. Under the ex parte system, any person at any time could challenge the validity of a patent on the basis that its claims were obvious or not new based on prior art. [2]
When an application for judicial review is made on an ex parte basis, leave can be refused, deferred to the substantive hearing, or granted. If good reason can be shown for extending the period, the court has the power to grant leave.
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]
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 ...