court process
Can motions made by a party in a multi-party case without an adversary be &quot;ex parte&quot;?
<p>Some cases have only one &quot;side&quot;, but multiple parties; there might, for example, be a petitioner and parties supporting the petition, but no respondent. An uncontested estate case with multiple heirs/designees would be a more specific example.</p>
<p>In these cases, would any action made be considered trivially &quot;ex parte&quot;, or is an ex parte action only made when there is an opposition? Does the answer vary by jurisdiction?</p>
<p>Courts where cases must have an adversary (e.g. criminal and U.S. civil courts) are naturally excluded from this question, as they always involve at least two &quot;sides&quot;.</p>

<p>The defining feature of an <em>ex parte</em> motion is that no notice is given to people other than the people making the motion. When a motion is <em>ex parte</em> it is subject to heightened ethical standards for lawyers filing it in U.S. practice. Essentially, a person filing an <em>ex parte</em> motion has to disclose to the court facts and legal arguments against granting the motion that would otherwise not have to be disclosed.</p>
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<p>is an ex parte action only made when there is an opposition?</p>
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<p>No.</p>
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<p>Are motions made by a party in a case without an adversary &quot;ex parte&quot;?</p>
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<p>Sometimes, but not always. A motion made that will be ruled upon following notice and hearing to interested parties who are not necessarily adverse, is not <em>ex parte</em>.</p>
<p>For example, if a motion to close a probate estate is made following notice to other relatives and to potential creditors who must respond by a hearing date in a probate case, the motion is not <em>ex parte</em>.</p>
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<p>Courts where cases must have an adversary (e.g. criminal and U.S.
civil courts) are naturally excluded.</p>
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<p><em>Ex parte</em> motions in civil and criminal cases aren't uncommon, especially early on in these cases.</p>
<p>A motion requesting issuance of a search or arrest warrant in a criminal case is usually <em>ex parte</em>, as are most requests for temporary restraining orders and for leave to allow substituted service of process in newly filed civil cases.</p>
