Meaning
Summary relief issued during a legal hearing where only one side of the dispute is present. An ex parte injunction provides immediate relief in situations where notifying the other party would likely result in the destruction of evidence or the removal of assets. It is a temporary measure designed to preserve the status quo until a full hearing occurs.
Emergency Relief
Courts apply a high threshold of proof before issuing such a ruling without the defendant present. The ex parte injunction often targets bank accounts to prevent the flight of capital during an ongoing fraud investigation. This speed is necessary when the risk of irreparable harm outweighs the procedural right to be heard.
Applicant Duty
Parties seeking this type of order must disclose all relevant facts, including those that might harm their own case. An ex parte injunction can be set aside if the claimant fails to provide full and frank disclosure to the judge. This obligation protects the absent party from a biased presentation of the facts.
If the court finds that the applicant withheld information, the injunction is discharged and the applicant may face a claim for damages to compensate the defendant for the disruption.
Hearing Requirement
Temporary orders are followed by a return date where both sides present arguments. The ex parte injunction typically expires at this point unless the court decides to extend it as an interim measure. This transition ensures that the power to freeze assets or stop production is not used indefinitely without a contested trial.
