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 Nebraska, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party in an emergency situation without the other party being present or given notice. This is an exception to the general rule of fairness and due process, which typically requires that both parties in a dispute be notified of and have the opportunity to be heard at a hearing. Ex parte relief is granted only when there is a risk of irreparable harm that requires immediate court intervention. Examples of situations that may warrant ex parte relief in Nebraska include, but are not limited to, the theft of trade secrets, risk of a child being removed from the state, domestic violence, drug and alcohol abuse, sexual abuse of a child, or any other circumstances that pose an immediate danger to a child's safety. State statutes and rules of civil procedure outline the specific requirements and standards that must be met for a court to consider and grant ex parte relief.