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 Minnesota, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party due to an urgent and emergency situation. This type of relief is granted only when there is a substantial risk of irreparable harm that could occur if the court does not act immediately. Minnesota law recognizes that due process typically requires notice to both parties and an opportunity to be heard. However, in cases where there is a credible threat of immediate harm, such as domestic violence, child abuse, or the theft of trade secrets, the court may issue orders on an ex parte basis to prevent the harm. These orders are often temporary and are subject to further hearings where both parties can be present and argue their case. The use of ex parte orders is carefully regulated to ensure that they are only used in appropriate circumstances to protect the rights and safety of individuals who may be at risk.