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 Michigan, ex parte hearings or relief are legal proceedings where the court hears and decides on an issue with only one party present. This type of hearing is an exception to the general rule that both parties in a dispute should be notified and given the opportunity to be heard. Ex parte relief is granted in emergency situations where there is a risk of irreparable harm if the court does not act immediately. Examples of such emergencies include the theft of trade secrets, or in family law, situations where a child's safety is at immediate risk due to factors like domestic violence, drug and alcohol abuse, or sexual abuse. Michigan courts are guided by state statutes and rules of civil procedure that outline the specific circumstances under which ex parte orders can be issued, ensuring that the due process rights of the absent party are balanced against the need to prevent immediate and irreparable harm.