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 Rhode Island, ex parte hearings or ex parte relief are legal proceedings where the court hears and decides on an urgent matter presented by one party without the presence or participation of the other party. This type of relief is granted only in exceptional circumstances where there is a risk of irreparable harm that requires immediate judicial intervention. Rhode Island courts may issue ex parte orders in various emergency situations, such as to prevent the theft of trade secrets, address immediate risks in child custody disputes, or protect individuals from domestic violence. The justification for ex parte relief is that the delay caused by notifying the other party and waiting for a response could result in harm that cannot be remedied. 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.