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 Iowa, ex parte hearings or relief are legal proceedings where the court hears and decides on an urgent matter presented by one party without the presence of the other party. This type of relief is granted only in exceptional circumstances where there is a risk of irreparable harm that requires immediate judicial intervention. Iowa law acknowledges that due process typically necessitates notice and the opportunity for both parties to be heard. However, in emergencies such as potential theft of trade secrets, risk of a child being removed from the state, or situations involving domestic violence, substance abuse, or sexual abuse that may endanger a child's safety, the court may act swiftly to prevent harm. In such cases, the court may issue orders to address the emergency without prior notice to the other party, but these orders are generally temporary, and a full hearing with both parties present is usually scheduled promptly to ensure fairness and due process.