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 Oregon, 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. These hearings are an exception to the general rule of fairness and due process, which mandates that both parties in a dispute should be notified and given the opportunity to present their case. Ex parte relief is typically granted in emergency scenarios where waiting for a full hearing could result in significant harm that cannot be rectified. Examples of such emergencies include the theft of trade secrets, or in family law, instances where a child's safety is at immediate risk due to factors like domestic violence, substance abuse, or abduction risks. Oregon law provides specific guidelines and requirements for when and how ex parte relief can be sought and granted, ensuring that such measures are used only when absolutely necessary and with due consideration of the potential impact on the rights of the absent party.