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 Massachusetts, 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. These hearings are an exception to the general rule of fairness and due process, which typically mandates that both parties be given notice and the opportunity to be heard. Ex parte relief is granted in emergency scenarios where waiting for a full hearing could result in significant harm that cannot be rectified. Examples of such emergencies include, but are not limited to, the theft of trade secrets, immediate risks to child safety in custody disputes, domestic violence, and substance abuse. Massachusetts courts are cautious in granting ex parte orders and typically require a substantial showing of the immediate danger or harm that justifies such an extraordinary measure. Additionally, ex parte orders are usually temporary, with a full hearing scheduled promptly to ensure that the other party has an opportunity to present their case.