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 Mississippi, ex parte hearings and relief are legal procedures that allow a judge to make a decision on an urgent issue after hearing from only one party involved in a dispute. This type of relief is granted only under circumstances where there is a risk of irreparable harm that could occur if immediate action is not taken by the court. The situations that may warrant ex parte relief include, but are not limited to, the theft of trade secrets, risks associated with child custody such as potential abduction or immediate danger to the child due to domestic violence, substance abuse, or sexual abuse. Mississippi law requires that ex parte orders are typically temporary and the affected party must be given notice and an opportunity to be heard as soon as reasonably possible after the order is issued to ensure due process rights are maintained.