Ex-parte Decree and Its Setting Aside An ex-parte decree is a court order issued without a prior hearing or opportunity for the opposing party to be present....
An ex-parte decree is a court order issued without a prior hearing or opportunity for the opposing party to be present. This type of decree can only be set aside if the party seeking the decree demonstrates that they:
Had reasonable notice of the proceeding.
Had the opportunity to be heard in the proceeding.
The decision would be substantially the same if the party had been present.
Reasonable notice: This means that the party seeking the decree must have received notice of the hearing or other relevant proceedings, either personally or through service of process.
Opportunity to be heard: This means that the party seeking the decree had the opportunity to be heard by the court or by a designated party or representative, either in person or through a video conference.
Substantial same result: If the party presenting the ex-parte decree was able to present evidence or arguments that would have been presented at the original hearing, the court may consider the ex-parte decree to be substantially the same as the original decision.
Examples:
Ex-parte decree: A court may issue an ex-parte restraining order preventing a party from leaving the state without notifying the other party.
Reasonable notice: The plaintiff sending the ex-parte motion received notice of the hearing via email and a phone call informing them of the hearing details.
Opportunity to be heard: The defendant was given the opportunity to be heard by the court or by a designated party, and they were able to present evidence and arguments.
Substantial same result: The ex-parte decree granted the same relief as the original restraining order, which prevented the defendant from leaving the state.
Consequences of setting aside an ex-parte decree:
If an ex-parte decree is set aside, the original order remains in effect. The court will enter judgment in favor of the original party, and any relief granted in the original order will be rescinded