Which statement about an ex parte motion is correct?

Which statement about an ex parte motion is correct?

• A. It Can Be Granted Without Any Legal Authorization.
• B. It Is Allowed Only If Authorized By Law.
• C. It Allows An Immediate Appeal Of The Ruling.
• D. It Requires Service On The Opponent.

Answer: (B)

Ex parte relief is relief granted by a court without giving the other side a chance to be heard. Because due process protects the opposing party, such orders can be issued only when the law authorizes them—typically in emergency situations or under specific statutory or rule-based provisions. That makes the statement about authorization by law the correct one. Think of it as a highly limited tool: you’re allowed to obtain it only when the governing rules permit it, not just by the judge’s whim. For example, a temporary restraining order can be issued ex parte if there’s an urgent risk and the proper showing is made, but even then the court must act within the framework the law provides and usually has to schedule a hearing with both parties soon after. The other options don’t fit because they describe conditions that aren’t required for an ex parte motion. It isn’t granted without any legal authorization, it isn’t inherently something that lets you immediately appeal the ruling, and while service may occur after the order is issued to inform the other party, the ex parte grant itself can occur without service on the opponent.

Ex parte relief is relief granted by a court without giving the other side a chance to be heard. Because due process protects the opposing party, such orders can be issued only when the law authorizes them—typically in emergency situations or under specific statutory or rule-based provisions. That makes the statement about authorization by law the correct one.

Think of it as a highly limited tool: you’re allowed to obtain it only when the governing rules permit it, not just by the judge’s whim. For example, a temporary restraining order can be issued ex parte if there’s an urgent risk and the proper showing is made, but even then the court must act within the framework the law provides and usually has to schedule a hearing with both parties soon after.

The other options don’t fit because they describe conditions that aren’t required for an ex parte motion. It isn’t granted without any legal authorization, it isn’t inherently something that lets you immediately appeal the ruling, and while service may occur after the order is issued to inform the other party, the ex parte grant itself can occur without service on the opponent.