Editing Ex parte (section)

{{Short description|Legal decision or proceeding during which not all parties to the dispute are present}}
{{Italic title}}
{{More citations needed|date=May 2013}}

In [[law]], '''''ex parte''''' ({{IPAc-en|ɛ|k|s|_|ˈ|p|ɑr|t|eɪ|,_|-|iː}}) is a [[Latin]] term meaning literally "from/out of the party/faction<ref>''Cassell's Latin Dictionary'', Marchant, J. R. V., & Charles, Joseph F. (eds.), Revised Edition, 1928, pp. 200-201</ref> of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". In [[common law]] jurisdictions, an ''ex parte'' decision is one decided by a [[judge]] without requiring all of the [[Party (law)|parties]] to the [[Legal case|dispute]] to be present. Thus, in [[English law]]<!-- Not United Kingdom law - there is no such thing --> and its derivatives, namely [[Law of Australia|Australian]], [[Law of New Zealand|New Zealand]], [[Law of Canada|Canadian]], [[Law of South Africa|South African]], [[Law of India|Indian]], and [[Law of the United States|U.S.]] [[legal doctrine]]s, ''ex parte'' means a [[legal proceeding]] brought by one party in the absence of and without representation of or notification to the other party. In [[civil law (legal system)|civil law]] countries, this would be called an ''inaudita (altera) parte'' proceeding, whereas ''ex parte'' simply refers to proceedings (or aspects of proceedings, such as expert testimony entered into evidence) submitted by or decided at the request of one of the parties, without implying the absence of other parties.

The term is also used more loosely to refer to improper unilateral contacts with a [[court]], [[arbitrator]], or represented party without notice to the other party or [[Lawyer|counsel]] for that party. The phrase was common in the titles of ''[[habeas corpus]]'' and [[judicial review]] cases until the end of the twentieth century, because those cases were originally brought by [[The Crown#In the courts|the Crown]] on behalf of the claimant. In [[Commonwealth of Nations|Commonwealth]] [[common law]] jurisdictions, the title typically appeared as ''R v (Defendant), ex parte (Claimant)''; in the US, this was shortened to ''Ex parte'' (Claimant). A proceeding in an executive agency to establish a right, such as [[patent prosecution]], can also be ''ex parte''.<ref>Burgess John A., (1 January 1968). [https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=3091&context=ndlr "Demise of ''Res Judicata'' in ''Ex Parte'' Patent Office Practice"]. ''Notre Dame Law Review''. '''43''':2. pp. 214–226.</ref>