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 Mexico, ex parte hearings and relief are legal procedures that allow a judge to make a decision on an urgent issue without the presence or input of both parties involved in the dispute. This type of relief is granted only under circumstances where waiting for a full hearing would likely result in irreparable harm. New Mexico courts may issue ex parte orders in various emergency situations, such as in cases of domestic violence, where there is a threat of a child being removed from the state, or in instances where a former employee is suspected of stealing trade secrets. The underlying principle for granting ex parte relief is the prevention of immediate and significant harm that cannot be adequately remedied later. However, these 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 fairness and due process.