Civil Procedure

Ex Parte Application

A court application brought by one party without notice to the other party, typically in urgent circumstances where giving notice would defeat the purpose of the application.

Legal Definition

An ex parte application (Latin: "from one side") is heard without the other party being present or notified. Courts grant ex parte orders only where there is urgency, where giving notice would defeat the application (e.g., asset preservation before the defendant hides assets), or where the nature of the relief does not require the other side to be heard. Ex parte orders are usually interim — the other party must be given an opportunity to oppose at a return date.

📖 Constitutional / Statutory Basis: Section 34 (access to courts); Section 33 (fair administrative action)

Practical Example

A creditor applies ex parte for a preservation order over a debtor's bank account, fearing the debtor will empty it if notified. The court grants the order and sets a return date for the debtor to oppose.

Frequently Asked Questions

Can an ex parte order be set aside in South Africa?

Yes. A party against whom an ex parte order was granted can apply to the court to set it aside on the grounds that the applicant failed to make full and frank disclosure of all material facts at the ex parte hearing.

Does uberrima fides (utmost good faith) apply to ex parte applications?

Yes. An applicant in an ex parte application must disclose all material facts, including those that might weigh against the application. Failure to do so is grounds for setting aside the order.

Related Terms

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