What is considered an ex parte action in superior court? And, what is the proper way to docket ex parte actions?
The Superior Court Statistical Reporting Manual defines “ex parte actions” as follows:
An ex parte action is a judicial action on the behalf of one party, without notice to or contestation by any person adversely interested.
When one party appears before a judicial officer, ex parte, and no oral argument or testimony is given, the SCOMIS Docket Codes EXWACT (Ex Parte Action With Order) or EXOACT (Ex Parte Action Without Order) should be entered. These codes are included in the monthly reports available to the counties for their local use, but not included in the “Total Proceedings” count for published Caseload Reports.
If an ex parte hearing includes oral argument or testimony, one of the Proceedings Docket Codes should be used, such as MTHRG (Motion Hearing). Using a Proceeding Code for ex parte hearings will ensure that they are included in the “Total Proceedings” count for Caseload Statistics.
Published 04/12/2007 10:29 AM | Updated 11/10/2021 11:48 AM