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If a child is in immediate danger from abuse, neglect, or threats, an ex parte order can offer fast protection. For example, if there is evidence that a child is being physically harmed or neglected, a judge can issue an ex parte order to remove the child from that environment right away.
What are the reasons for ex parte orders?
Under art. 164 of the Indian Limitation Act, 1908, the period of limitation for an application by a defendant for an order to set aside a decree passed ex-parte was 30 days from the date of the decree or when the summons was not duly served, when the applicant had knowledge, of the decree.
How to get rid of an ex parte order?
If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
What is the ex parte rule?
An ex parte presentation is a communication, written or oral, directed to the merits or outcome of a proceeding that, if written, is not served on all the parties to a proceeding, and if oral, is made without giving all the parties to the proceeding advance notice and an opportunity for them to be present.
What is an ex parte set aside order?
The setting aside of an ex-parte order is a critical aspect of legal proceedings, particularly in the realm of civil litigation. An ex-parte order is a legal decision rendered in favour of one party when the other party is absent or has not had the opportunity to participate in the proceedings.
aside ex parte order
Grounds for setting aside ex parte orderSet aside ex parte orderWhat happens after ex parte orderApplication for setting aside ex parte proceedingsEx parte decree set aside judgmentApplication to set aside order of courtOrder 9 Rule 13 CPCEx parte decree case laws
In law, ex parte (/ɛks ˈpɑːrteɪ, -iː/) is a Latin term meaning literally from/out of the party/faction of (name of party/faction, often omitted), thus signifying on behalf of (name). An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
Related links
Chapter 11 Glossary
EX PARTE: On one side only. These are cases in which only one side is represented or present. On behalf of only one party, without notice to any other party.
The general rule is that where any defendant fails to file a defense on or before the day fixed in the summons and the plaintiff is desirous of proceeding.
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