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 Pennsylvania, ex parte hearings or ex parte relief are legal proceedings where the court hears only from one party due to an urgent and emergency situation. This type of relief is granted only when there is a substantial risk of irreparable harm that could occur if immediate action is not taken without notifying the other party. Pennsylvania law acknowledges that due process typically requires notice and the opportunity for both parties to be heard, but ex parte relief is an exception to this rule in extreme circumstances. Examples of situations that may warrant ex parte relief in Pennsylvania include cases involving the risk of a child's abduction, immediate threats of domestic violence, or the potential loss of sensitive trade secrets. The court may issue temporary orders to address the emergency, which are typically followed by a full hearing with both parties present once the immediate risk has been mitigated.