Ex parte
An ex parte procedure is a judicial proceeding in which only one party is heard, without the opposing party having been summoned or being present.
Ex parte is a Latin term that literally means ‘from one side.’ In Dutch law, it refers to a situation in which a court renders a decision on the basis of the submissions of only one party, without the opposing party having been given an opportunity to respond.
This mechanism is particularly relevant in urgent cases requiring immediate measures, such as applications for conservatory attachment, interim relief or a restraining order. The opposing party is notified only after the decision has been made and may thereafter still present its defence.
In practice, ex parte applications are frequently made in summary proceedings before the provisional measures judge, where the need for speed outweighs the principle of audi alteram partem.
“The attorney filed an ex parte application to swiftly levy a conservatory attachment on the opposing party's bank account.”
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