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 North Carolina, ex parte hearings and relief are legal procedures where the court may issue orders or take action after hearing from only one party involved in a dispute. This is an exception to the general rule that both parties should be heard to ensure fairness and due process. Ex parte relief is typically granted in emergency situations where there is a risk of irreparable harm if the court does not act immediately. 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 other situations where delay could result in significant harm. North Carolina law requires that the party who obtained ex parte relief must serve the order on the other party as soon as possible, and the court usually schedules a full hearing with both parties shortly after the ex parte order is issued.