An ex parte hearing or ex parte relief refers to a situation in which the judge only hears from one party to a dispute before making a decision on some limited issue being presented to the court. Because fairness and due process of law generally require both sides of a dispute to receive notice of a hearing and the opportunity to be heard at the hearing, there must be an emergency situation in which harm that cannot be undone (irreparable harm) will occur if the court does not act immediately—without giving the other party notice and the opportunity to be heard on the disputed issue.
Emergency matters that justify ex parte relief might include the theft of trade secrets by a former employee, or, in a child custody dispute, removing the child from the state, domestic violence, drug and alcohol abuse, sexual abuse of the child, and other situations that put the child in immediate danger.
In Alabama, ex parte hearings and relief are legal procedures where the court may issue orders or provide relief to one party without the other party being present or given notice, typically in urgent situations where delay could result in irreparable harm. These emergency matters often involve immediate risks to personal safety, property, or in cases of family law, the welfare of a child. Examples include but are not limited to situations of domestic violence, child abuse, or the imminent removal of a child from the state. Alabama law requires that ex parte orders are temporary, and the affected party must be given notice and an opportunity to be heard as soon as reasonably possible after the ex parte relief is granted to ensure due process. The standards and procedures for ex parte relief are outlined in the Alabama Rules of Civil Procedure and relevant state statutes, which mandate strict compliance to protect the rights of all parties involved.