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Ex parte

Ex parte is a Latin legal term meaning "from (by or for) one party" (pronounced "ekss par-TAY" or "ekss par-TEE", although the proper Latin is "Eks PAR-teh").

An ex parte decision is one decided by a judge without requiring the plaintiff to be present. In U.S., and U.K. legal doctrine it means: "Legal proceeding brought by one person in the absence of and without representation or notification of other parties."

Petitions for the writ of habeas corpus were (and in some jurisdictions, still are) styled as "Ex parte Doe" where Doe was the name of the petitioner who was alleged to be wrongfully held. However, in current practice such proceedings are not true ex parte actions as the opposing party (generally the government or its representative) is entitled by statute or custom to notice and an opportunity to be heard on the merits of the action.

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07-14-2008 23:18:10
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