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 Maine, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party in an emergency situation where waiting for a full hearing could result in irreparable harm. These types of hearings are an exception to the general rule that both parties in a dispute should be notified and given the opportunity to be heard. Ex parte relief is typically granted in circumstances where there is an immediate risk of harm that cannot be adequately addressed by waiting for a regular hearing. Examples of situations that may warrant ex parte relief in Maine include cases involving domestic violence, child endangerment such as sexual abuse or abduction, or the theft of trade secrets. Maine courts are guided by state statutes and rules of civil procedure that outline the specific circumstances under which ex parte relief can be granted, ensuring that such measures are used judiciously to protect the rights of all parties involved.