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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 Garland, 71 U.S. (4 Wall.) 333 (1866), is an important case involving the disbarment of former Confederate officials. The Supreme Court ruled that a statute prohibiting former Confederate government officials from serving in the US government was unconstitutional as being both a bill of attainder and an ex post facto law.
[1]: 31 When Limbuela's application for judicial review was heard he had already been forced to sleep rough for two days and beg for food due to the lack of state support. Other evidence of destitution presented to the hearing judge included a series of medical complaints from which Limbuela was suffering that were exacerbated by Secretary of ...
"Adversary adjudication" is defined as a formal trial-type ex parte proceeding in which the agency is adverse to the party, and governed by 5 U. S. C. § 554 "trial type" proceedings, as opposed to an inter partes proceeding in which the agency adjudicates a dispute between two parties, or the less-formal proceedings of § 555.
Lambdin Purdy Milligan (March 24, 1812 – December 21, 1899) was an American lawyer and farmer who was the subject of Ex parte Milligan 71 U.S. (4 Wall.) 2 (1866), a landmark case by the Supreme Court of the United States.
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]
Ex parte Young, 209 U.S. 123 (1908), is a United States Supreme Court case that allows suits in federal courts for injunctions against officials acting on behalf of states of the union to proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. [1]