JurisDraft

Litigation & Court Documents

How to Write an Ex Parte Application

Ex parte relief asks a court to act without the usual notice to the other side — a request courts scrutinize far more closely than a standard motion.

5 min read

An ex parte application asks the court for relief on an expedited basis, sometimes without full advance notice to the other side, typically because normal motion timelines would be too slow to prevent real harm.

Explain the urgency specifically

The application needs to show why the situation genuinely can't wait for a regularly noticed motion — a specific, imminent deadline or harm, not general inconvenience or a self-created time crunch.

Notice requirements still usually apply

Most courts require some effort to notify the other side, even on an expedited basis — informal notice by phone or email, for example — unless there's a specific reason even that would defeat the purpose of the request.

Courts are wary of ex parte relief becoming routine

Because it bypasses normal process, judges scrutinize these applications closely and can be skeptical of parties who use the ex parte process for issues that could have been raised through a regular motion with adequate lead time.

Be ready to explain the underlying merits too

Beyond urgency, most ex parte applications still need to show the underlying request has merit — urgency alone doesn't substitute for a legitimate legal or factual basis for the relief sought.

Need this handled?

Civil Litigation

Complaints, answers, and motions for civil litigation matters.