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	Ex parte - Wikipedia, the free encyclopedia
		Ex parte is a Latin legal term meaning "from (by or for) one party" (IPA pronunciation: [ɛks 'pɑ(r)teɪ] or [ɛks 'pɑ(r)ti]), although the proper Latin pronunciation is [ɛks 'pɑ(r)tə]).
		An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present.
		The prisoner's ex parte application only sought an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to contest the prisoner's claims at a hearing on the merits.
	en.wikipedia.org /wiki/Ex_parte (388 words)

	Ex Parte Applications
		All ex parte applications are to be submitted to the Ex Parte Office (Room 315) except in Commercial Division cases, in which the applications should be submitted to the Commercial Division Support Office (Room 148).
		Where an order is obtained ex parte (except one based upon CPLR 6201(1)), it must provide that the applicant, within five days after levy on the property, shall move on such notice as the court shall direct to confirm the attachment.
		An ex parte application of this sort must be accompanied by the filing of an RJI (unless for some reason the matter had already been assigned, e.g., on a motion for the appointment of a receiver).
	www.courts.state.ny.us /supctmanh/ex_parte_applications.htm (4514 words)

	[No title]
		The ex parte rules apply to anyone who engages in the kind of communications covered by the rules whether or not they are a party to the proceeding.
		Ex parte presentations are permitted in "permit-but-disclose" proceedings provided that the presentations are disclosed in the manner specified in the rules.
		Ex parte presentations by members of Congress or their staffs and other federal agencies or their staffs need be disclosed only if they are of substantial significance and clearly intended to affect the ultimate decision in the proceeding.
	www.fcc.gov /ogc/admain/ex_parte_factsheet.html (2524 words)

	VALAC Report: Ex Parte Communications (Site not responding. Last check: 2007-11-06)
		Ex Parte Communications Should be Prohibited to Ensure the Integrity of the Decision-Making Process: Four commenters stated that a limitation on ex parte communications should be implemented to ensure openness in government and to prevent the appearance of impropriety.
		To mitigate the effects of ex parte communications, one of these commenters suggested that written communications and summaries of oral communications should be placed in the agency record along with copies of written responses and summaries of oral responses from the agency.
		In these cases, clearly communicating agency policies regarding ex parte communications is important both as a matter of fairness to those impacted by and interested in the outcome of the case as well as to preserving public confidence in the integrity of the decision-making process.
	legis.state.va.us /codecomm/valac/studies/exprport.htm (2761 words)

	Ex Parté FAQs - Public Adviser - California Energy Commission
		"Ex parté contacts" are oral or written communications, direct or indirect, between any party to a pending adjudicatory proceeding and the commissioners, their advisors, or hearing officers concerning any substantive issue involved in the proceeding.
		In other words, a party cannot get around the rule against ex parté contacts by speaking to someone who reports to a commissioner instead of directly to the commissioner, or by having someone who is not a party to the proceeding speak to a commissioner or hearing officer on the party's behalf.
		If the ex parté communication was oral, the commissioners or hearing officer must include a description of the substance of the communication, the commissioner or hearing officer's response, and the identity of the party that made the communication in the public file of the proceeding.
	www.energy.ca.gov /public_adviser/exparte_faq.html (760 words)

	The Necessity of Ex Parte Proceedings For Indigent Criminal Defendants
		Without an ex parte hearing in which to request expert services, the defendants interest in the fairness and accuracy of the criminal proceeding is also compromised because the state wrongly benefits from what is, in effect, expanded pre-trial discovery.
		The value of the ex parte hearing is clear: It ensures that a defendant can present a complete case for expert assistance for the preparation and presentation of his defense without fear of the state unfairly exploiting the information disclosed in the request.
		The rationale behind extending ex parte protection to these actions is obvious: Just as the state has no legitimate interest in learning of a request for expert assistance, it has no right to learn of the steps taken by the defense to utilize that assistance.
	www.mobar.org /journal/1999/janfeb/basset.htm (4445 words)

	About PUC (Site not responding. Last check: 2007-11-06)
		Ex parte communication is defined as "oral or written, off-the record communication made to or by commissioners or commission decision-making personnel, without notice to parties, that is directed to the merits or outcome of an on-the-record proceeding."
		Generally, the ex parte rules prohibit Commissioners from engaging in informal communications with parties that could influence how a case is decided.
		If prohibited ex parte communication is attempted, the rules require that the Commissioner involved first attempt to stop the party from engaging in prohibited behavior, then document the attempt and notify the Executive Secretary.
	www.puc.state.mn.us /about/exparte.htm (257 words)

	Criminal Resource Manual 1711 Joint Statement -- Part G. Ex Parte Seizures
		The purpose of the ex parte seizure provision is to provide victims of trademark counterfeiting with a means of ensuring that the courts are able to exercise their jurisdiction effectively in counterfeiting cases.
		Rather, the sponsors believe that ex parte seizures are a necessary tool to thwart the bad faith efforts of fly by night defendants to evade the jurisdiction of the courts.
		The sponsors recognize that ex parte seizure orders are an extraordinary remedy, and that a person that is subject to a wrongful ex parte seizure should be fully compensated by the party who obtained the seizure order.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm01711.htm (3862 words)

	Ex Parte Interviews
		This rationale was supported by an analogy to an ex parte case that applied this second approach to the former employee context and then was subsequently overruled.
		The court held that ex parte contacts would be permitted with unrepresented former employees and present employees other than officers, directors or managing agents of corporate party who were not separately represented so long as the communication did not involve employee's act or failure to act in connection with the matter which may bind corporation.
		The court held that the plaintiff's attorney was prohibited from conducting pretrial ex parte interviews with employees who might have been involved in the denial of promotions at issue if their actions could be imputed to the corporation for the purposes of civil liability.
	www.rossettidevoto.com /Articles/ExPArte.htm (2260 words)

	Guidelines for Judicial Practice - Abuse Prevention Proceedings - Ex Parte Hearings
		If a plaintiff is "unable to appear in court without severe hardship due to the plaintiff's physical condition," a representative of the plaintiff may, "appear in court on the plaintiff's behalf and file the requisite complaint with an affidavit setting forth the circumstances preventing the plaintiff from appearing personally." G.L. c.
		Ex parte hearings should be held as soon as practicable after the complaint has been completed, signed, and the appropriate record checks are completed.
		The ex parte hearing itself should consist of testimony by the plaintiff under oath as to the factual grounds for the complaint and the need for the relief sought.
	www.mass.gov /courts/formsandguidelines/domestic/dvg3.html (1123 words)

	DOH: Ex Parte Contacts
		Ex parte contacts are communications with the SHPDA Director, the SHPDA staff, or members of the SHCC that concern the substance of any application and are not a part of the public record.
		In order to ensure fairness and openness in the review process, ex parte contacts are prohibited from the close of a public hearing held on an application (or, if no public hearing is held, from the close of the Project Review Committee meeting) until the SHPDA Director has made a decision on the application.
		During the period in which ex parte contacts are prohibited, applicants and other interested persons must not contact the SHPDA Director, the SHPDA staff, or members of the SHCC to discuss the project.
	dchealth.dc.gov /doh/cwp/view,A,1374,Q,581080.asp (144 words)

	OSCN Found Document:Ex parte Lewis
		This adjudication is part and parcel of the hearing on the petition alleging juvenile delinquency.
		Ex parte Raymer, supra; Ex parte Alton, 38 Okla. Cr.
		Ex parte Bonitz, supra; Ex parte Raymer, supra; Ex parte Alton, 38 Okla. Cr.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=56846 (9361 words)

	Ex Parte Contacts With Organizational Employees in Missouri
		An understanding of the limits of ex parte contacts with corporate employees is necessary in order for trial and organizational attorneys to effectively investigate their cases, avoid discovery disputes, and satisfy their clients interests.
		An ex parte contact takes place when an attorney interviews witnesses and their adversarys current and former organizational employees without the consent of opposing counsel or without giving notice to opposing counsel of the desired contact.
		At the time of the ex parte contact, a current employee is still employed by the organization, while a former employee is no longer employed by the organization, but was at the time of the act or omission that is at issue.
	www.mobar.org /journal/1998/marapr/hodes.htm (4588 words)

	Ex Parte Quirin (Site not responding. Last check: 2007-11-06)
		Similarly the Espionage Act of 1917, which authorizes trial in the district courts of certain offenses that tend to interfere with the prosecution of war, provides that nothing contained in the act 'shall be deemed to limit the jurisdiction of the general courts-martial, military commissions, or naval courts-martial'.
		Presentment by a grand jury and trial by a jury of the vicinage where the crime was committed were at the time of the adoption of the Constitution familiar parts of the machinery for criminal trials in the civil courts.
		The cases mentioned in the exception are not restricted to those involving offenses against the law of war alone, but extend to trial of all offenses, including crimes which were of the class traditionally triable by jury at common law.
	www.agh-attorneys.com /4_ex_parte_quirin.htm (7492 words)

	EX PARTE QUIRIN ET AL
		The law of war includes that part of the law of nations which prescribes for the conduct of war the status, rights and duties of enemy nations and of enemy individuals.
		This Court has always recognized and applied the law of war as including that part of the law of nations which prescribes, for the conduct of war, the status, rights and duties of enemy nations as well as of enemy individuals.
		Moffitt, 115 U.S. Objections to the actions of the Commission on a variety of grounds, ranging from its refusal to permit peremptory challenges to its rulings on the admissibility and sufficiency of evidence, are not cognizable by this Court.
	www.uwosh.edu /greatideas/harris/QUIRIN.htm (12179 words)

	Ex Parte Crow Dog, 109 U.S. 556, 3 S.Ct. 396, 27 L.Ed. 1030 (1883)
		The first defines the boundaries of the reservation; the second provides for wagon roads through it to the country lying west of it, and for the free navigation of the Mississippi river; the third for the places where annuities shall be received.
		The fourth article and part of the sixth article of the agreement, *567 which referred to the removal of the Indians to the Indian territory, were omitted from its ratification, not having been agreed to by the Indians.
		That this legislation could constitutionally be extended to embrace Indians in the Indian country, by the mere force of a treaty, whenever it operates of itself, without the aid of any legislative provision, was decided by this court in the case of U.S. v.
	www.utulsa.edu /law/classes/rice/USSCT_Cases/EX_PARTE_CROW_DOG_1883.HTM (2159 words)

	Ex parte Milligan (Site not responding. Last check: 2007-11-06)
		Although this case is here ex parte, it was not considered by the court below without notice having been given to the party supposed to have an interest in the detention of the prisoner.
		Certainly no part of judicial power of the country was conferred on them; because the Constitution expressly vests it 'in one supreme court and such inferior courts as the Congress may from time to time ordain and establish,' and it is not pretended that the commission was a court ordained and established by Congress.
		If these averments were true (and their truth is conceded for the purposes of this case), the court was required to liberate him on taking certain oaths prescribed by the law, and entering into recognizance for his good behavior.
	www.agh-attorneys.com /4_ex_parte_milligan.htm (5963 words)

	Ex parte Quirin (1942)
		The four were there landed from the submarine in the hours of darkness, on or about June 13, 1942, carrying with them a supply of explosives, fuses, and incendiary and timing devices.
		From the very beginning of its history this Court has recognized and applied the law of war as including that part of the law of nations which prescribes, for the conduct [*28] of war, the status, rights and duties of enemy nations as well as of enemy individuals.
		From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as -- in circumstances found not there to be present, and not involved here -- martial law might be constitutionally established.
	faculty.maxwell.syr.edu /tmkeck/Cases/ExParteQuirin1942.html (4743 words)

	Handbook of Texas Online: EX PARTE RODRIGUEZ
		In the case of Ex parte Rodriguez (39 Tex. 705 [1874]), the Texas Supreme Court ruled invalid the state general election of December 2, 1873.
		Ex parte Rodriguez was greeted with hostility by Texas Democrats, who had ousted the administration of Republican governor Edmund J. Davis
		Ex parte Rodriguez was one of several cases initiated by dissatisfied Republicans shortly after the December 2 election challenging its validity.
	www.tsha.utexas.edu /handbook/online/articles/view/EE/jre1.html (972 words)

	HLS Federalist Society \| Ex Parte - Panel 4: Freedom and Security
		Ex Parte is a group weblog managed by the Harvard Federalist Society, a student organization of
		Ex Parte is written by its student members.
		The combatant/civilian distinction was critical in all the Supreme Court wartime cases (Ex Parte Milligan, Ex Parte Endo, Duncan, Quirin, and Youngstown) save one (Korematsu).
	exparte.powerblogs.com /posts/1109442647.shtml (2980 words)

	Ex Parte Young
		In 1908, in Ex Parte Young 209 US 123, the Supreme Court declared that since a State could not order or allow any of its officials to violate the Constitution, if an official did violate the Constitution he could no longer represent the State and so could be sued in federal court.
		Ex Parte Young is nothing short of a judicial power grab.
		For example, in Ex Parte Young Minnesota Attorney General Edward T. Young was accused of violating a company's economic rights under the 14th Amendment.
	www.liberty-ca.org /articles/views/privin2002ex_parte_young.htm (994 words)

	Guidelines for Judicial Practice - Abuse Prevention Proceedings - Ex Parte Orders
		The court's decision to issue an ex parte order to the defendant to vacate the household residence should be based solely upon the plaintiff's need for such an order as a means of protection from abuse.
		The fact that the plaintiff is requesting such relief should be indicated on the complaint and may be indicated on the order so as to provide notice to the defendant that the issue will be addressed at the hearing after notice.
		At the ex parte stage, the court should not attempt to compel or even suggest to the plaintiff that reconciliation be attempted.
	www.mass.gov /courts/formsandguidelines/domestic/dvg4.html (768 words)

	[No title]
		Ex parte Terry, 128 U.S. 289, 302, 304 S., 9 S.Ct. 77, 79; Savin, Petitioner, 131 U.S. 9 S.Ct. 699, 701; In re Debs, 158 U.S. 564, 594-596, 15 S.Ct. 900, 910, 911; United States v.
		Ex parte Mason, 105 U.S. 696; Kahn v.
		From them the Court concluded that Milligan, not being a part of or associated with the armed forces of the enemy, was a non-belligerent, not subject to the law of war save as-in circumstances found not there to be present and not involved here-martial law might be constitutionally established.
	www.constitution.org /ussc/317-001a.txt (7442 words)

	[No title]
		REL:06/18/2004 EX PARTE GREGORY V. Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter.
		Ex parte Gregory V. Serio, superintendent of insurance of the State of New York, as rehabilitator of Frontier Insurance Company
		In May, the trial court granted in part and denied in part Frontier's motion and reinstated the entire case to its active trial docket.
	www.wallacejordan.com /decisions/Opinions2004/1021443.htm (2104 words)

	Ex Parte Quirin
		This Court has always recognized and applied the law of war as including that part of the law of nations which prescribes, for the [p4] conduct of war, the status, rights and duties of enemy nations as well as of enemy individuals.
		P. The offense charged in this case was an offense against the law of war, the trial of which by military commission had been authorized by Congress, and which the Constitution does not require to be tried by jury.
		A full opinion, which is the basis of this Report, was filed with the Clerk of the Court on October 29, 1942.
	supct.law.cornell.edu /supct/html/historics/USSC_CR_0317_0001_ZS.html (1486 words)

	Ex Parte Merryman by R. B. Taney, Chief Justice (Site not responding. Last check: 2007-11-06)
		Jefferson’s opinion, the suspension of the writ, he claimed, on his part, no power to suspend it, but communicated his opinion to Congress, with all the proofs in his possession, in order that Congress might exercise its discretion upon the subject, and determine whether the public safety required it.
		It would seem, as the power is given to Congress to suspend the writ of habeas corpus in cases of rebellion or invasion, that the right to judge whether the exigency had arisen must exclusively belong to that body." — 3 Story’s Com.
		And Chief Justice Marshall, in delivering the opinion of the Supreme Court in the case ex parte Bollman and Swartwout, uses this decisive language, in 4 Cranch, 95:
	teachingamericanhistory.org /library/index.asp?document=442 (2733 words)

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