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 Kansas, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party due to an urgent situation that requires immediate judicial intervention to prevent irreparable harm. Kansas law acknowledges that due process typically necessitates both parties to be notified and given the opportunity to be heard. However, in cases where there is a substantial risk of immediate harm that cannot be remedied later, such as the theft of trade secrets, or in family law matters where a child's safety is at risk due to domestic violence, substance abuse, or other immediate dangers, the court may grant ex parte relief. This type of relief is temporary, and the court usually schedules a full hearing with both parties present as soon as possible after the ex parte order is issued to ensure fairness and due process.