An ex parte hearing or ex parte relief refers to a situation in which the judge only hears from one party to a dispute before making a decision on some limited issue being presented to the court. Because fairness and due process of law generally require both sides of a dispute to receive notice of a hearing and the opportunity to be heard at the hearing, there must be an emergency situation in which harm that cannot be undone (irreparable harm) will occur if the court does not act immediately—without giving the other party notice and the opportunity to be heard on the disputed issue.
Emergency matters that justify ex parte relief might include the theft of trade secrets by a former employee, or, in a child custody dispute, removing the child from the state, domestic violence, drug and alcohol abuse, sexual abuse of the child, and other situations that put the child in immediate danger.
In Florida, ex parte hearings or ex parte relief are legal proceedings where the court considers a party's request without the presence of the other party. This type of relief is granted only in exceptional circumstances where there is a risk of irreparable harm that requires immediate judicial intervention. Florida law acknowledges that due process typically necessitates notice and the opportunity for both parties to be heard. However, in urgent situations such as the risk of a child being removed from the state, domestic violence, or the theft of trade secrets, the court may act swiftly to prevent harm. Florida statutes and rules of civil procedure outline the specific criteria and processes for obtaining ex parte relief, ensuring that such measures are used judiciously and only when absolutely necessary to prevent immediate and serious harm.