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In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
After issuing such an order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time for the parties to return to the state having jurisdiction, and argue the issues to the court with jurisdiction.
Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. [1] It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus " under the Constitution's Suspension Clause , when Congress was in recess and therefore ...
Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866), is an important case involving the disbarment of former Confederate officials. The Supreme Court ruled that a statute prohibiting former Confederate government officials from serving in the US government was unconstitutional as being both a bill of attainder and an ex post facto law.
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
In the 1981 California case of Martinez v. Superior Court [31] the court used the "reasonable likelihood of prejudice standard" to grant a mandamus petition and order a change of venue in a murder prosecution. The court emphasized extensive publicity over the course of a year prior to the trial, the small size of the county where the trial was ...