Question 1

What is an ex parte hearing in Florida?

Accepted Answer

Ex parte hearing: a court proceeding where only one party appears before the judge. The other party: is not present and has not been given notice of the hearing. FL: ex parte hearings are the exception, not the rule. They are permitted in limited circumstances: temporary restraining orders (FL Rule 1.610: the court may enter a TRO without notice to the opposing party if: the movant shows that immediate and irreparable harm will occur before notice can be given), emergency protective orders (domestic violence: Section 741.30), prejudgment writs (writs of attachment and garnishment in emergency circumstances), and ex parte orders to protect property (preventing the dissipation or destruction of property).

Question 2

What are the requirements for an ex parte hearing in Florida?

Accepted Answer

FL requirements: urgency (the movant must demonstrate: immediate and irreparable harm if the hearing is delayed), affidavit or verified motion (the movant must submit: a sworn statement detailing the facts supporting the emergency), narrowly tailored (the relief must be: the minimum necessary to address the emergency), temporary (the ex parte order is temporary: the court must schedule a full hearing with both parties as soon as practicable), and notice (the movant must: make reasonable efforts to notify the opposing party and must serve: the ex parte order and supporting documents on the opposing party promptly after the hearing). Bond: the court may require the movant to post a bond to protect the opposing party from wrongful ex parte relief.

Question 3

What rights does the opposing party have after a Florida ex parte hearing?

Accepted Answer

Opposing party rights: notice (the opposing party must be: served with the ex parte order and all supporting documents promptly), hearing (the opposing party has the right to: a full hearing before the court to: contest the ex parte order, present evidence, and argue for dissolution), motion to dissolve (the opposing party can file: a motion to dissolve the ex parte order: the court must hold a hearing on the motion), and damages (if the ex parte order was: wrongfully obtained: the opposing party can recover: damages from the movant’s bond). The full hearing: must be scheduled within a reasonable time (typically: 10-15 days for TROs under FL Rule 1.610).

Ex Parte Hearing One Sided Court Proceeding

FL Ex Parte Hearing

When Permitted

Requirements

Opposing Rights

Related Terms

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