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 York, 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 York law acknowledges that while due process typically necessitates notice to both parties and the opportunity for each to be heard, there are exceptional circumstances where delaying action to provide such notice would result in significant harm. Examples of situations that may warrant ex parte relief include, but are not limited to, the imminent threat of a child being taken out of state in a custody dispute, domestic violence, or the theft of trade secrets. In such cases, the court may issue orders to address the emergency without the presence or input of the other party. However, these orders are generally temporary, and a full hearing with both parties present is usually scheduled promptly to ensure fairness and due process.