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 Utah, an ex parte hearing or ex parte relief is a legal procedure where the court hears and makes a decision on an urgent matter presented by one party without the presence of the other party. This type of relief is granted only in emergency situations where there is a risk of irreparable harm that could occur if immediate action is not taken. Utah law recognizes the importance of due process, which typically requires that both parties are given notice and the opportunity to be heard. However, in cases such as potential theft of trade secrets, immediate risks to child safety in custody disputes, domestic violence, or other situations that may place a child in imminent danger, the court may issue ex parte orders to prevent the harm. These orders are temporary and are typically followed by a full hearing where both parties can present their case.