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 New Jersey, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party due to an urgent situation that requires immediate judicial intervention to prevent irreparable harm. New Jersey courts may grant ex parte orders in cases where providing notice to the other party and waiting for a response would result in significant harm that cannot be rectified. Such emergency situations can include, but are not limited to, the theft of trade secrets, immediate risks to a child's safety in custody disputes, domestic violence, and other scenarios where delay could exacerbate the danger. Ex parte relief is typically temporary, and New Jersey law requires subsequent full hearings where both parties can be present and heard to ensure due process and fairness.