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An Ex-Parte Application is a legal request made to a court by one party without notifying the other party involved. This means the court will consider and potentially rule on the request without hearing from all sides. Its a bit like a surprise move in a chess game, but with serious legal implications.
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
The term ex parte means from one party in Latin, which can describe any situation where a judge communicates with only one side (or one partys lawyer) in a legal matter. Ex parte hearings are only granted in extreme cases, as they contradict the fundamental right to due process guaranteed by the Constitution.
When the summons is not served properly to the defendant or the defendant does not get enough time to appear before the court. Then the court may set aside the ex parte decree.
Ex partes are not usually considered by the court unless there is a true emergency such as an imminent threat of harm. Its possible that you simply didnt draft it properly or make the proper showing. You should retain an attorney.
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There must be an emergency An emergency means theres immediate danger of: Irreparable harm to someone in the case (usually you or your child) Loss or damage to property.

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