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| | Ex Parte Milligan - Wikipedia, the free encyclopedia |
 | | Ex Parte Milligan, 71 U.S.) was an important United States Supreme Court case involving civilians and military tribunals. | | | Lambdin Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court in 1864. |
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http://en.wikipedia.org/wiki/Ex_Parte_Milligan
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| | Ex Parte Applications |
| | Where an order is obtained ex parte (except one based upon CPLR 6201(1)), it must provide that the applicant, within five days after levy on the property, shall move on such notice as the court shall direct to confirm the attachment. | | | Depending on their nature, these are either referred to an Ex Parte Justice or entered into the court’s computer and assigned to a Justice except where made in a previously-assigned action, in which event the application will be submitted to the assigned Justice. | | | The Ex Parte Office records the proposed OSC in the court’s computer system, as well as the names of the attorneys for the movant and other attorneys, if known, and assigns the case if previously unassigned. |
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http://www.courts.state.ny.us/supctmanh/ex_parte_applications.htm
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| | Articles - Ex parte |
| | In the United States, the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law. | | | The prisoner's ex parte application only sought an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to contest the prisoner's claims at a hearing on the merits. | | | Ex parte is a Latin legal term meaning "from (by or for) one party" (pronounced "eks PAR-tay" or "eks PAR-tee", although the proper Latin pronunciation is "eks PAR-teh"). |
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http://www.free-biz.org/articles/Ex_parte
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| | Chapter 11. Ex Parte Contacts* |
| | Ex parte communication means an oral or written off-the-record communication made to decision-making personnel, without required notice to the parties, that is directed to influence or attempt to influence the merits or outcome of a utility regulatory case. | | | An ex parte communication, either directly or indirectly, shall not be made or attempted to be made between a decision-maker and a party concerning any material issue during the pendency of a utility regulatory case. | | | A decision-maker who receives and reads a prohibited written ex parte communication or other prohibited act shall forward the communication to the city clerk within forty-eight (48) hours of receipt, along with a signed statement of the source of and circumstances under which the communication was received and read. |
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http://www.ci.stpaul.mn.us/code/ac011.html
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| | [No title] |
| | Ex parte presentations are permitted in "permit-but-disclose" proceedings provided that the presentations are disclosed in the manner specified in the rules. | | | An ex parte presentation is any presentation which, if written (including electronic mail), is not served on the parties to the proceeding, or, if oral, is made without advance notice to the parties and without opportunity for them to be present. | | | The ex parte rules apply to anyone who engages in the kind of communications covered by the rules whether or not they are a party to the proceeding. |
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http://www.fcc.gov/ogc/admain/ex_parte_factsheet.html
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| | Ex Parte |
| | PROCEDURAL POSTURE: Relator ex husband filed an original habeas corpus proceeding with the court, contending that the evidence introduced at a contempt hearing in the lower court showed his inability to comply with the order sought to be enforced. | | | OUTCOME: The court denied relator ex husband's application for the writ of habeas corpus and ordered him remanded to the custody of the Sheriff of Harris County, Texas. | | | The application for the writ of habeas corpus is denied and Relator is ordered remanded to the custody of the Sheriff of Harris County, Texas. |
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http://www.gregg-gregg.com/dickhgreggjr/Cases/ex_parte.htm
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| | EX PARTE QUIRIN ET AL |
| | Military courts "form no part of the judicial system of the United States." Kurtz v. | | | We construe the Court's statement as to the inapplicability of the law of war to Milligan's case as having particular reference to the facts before it. | | | The Court's opinion is inapplicable to the case presented by the present record. |
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http://www.uwosh.edu/greatideas/harris/QUIRIN.htm
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| | Ex Parte communication |
| | We are of the opinion that the state's attorney's ex parte communication with the judge violated Rule 3.5(i), which prohibits ex parte communications "as to the merits of the cause with a judge...before whom a proceeding is pending, except as... | | | Digest: It is improper for a state's attorney to communicate ex parte with a judge to obtain an emergency stay of a bail reduction order, except as provided for by statute. | | | Finding that the ex parte communication was on the merits, we next turn to whether the communication was authorized by law and thus not violative of Rule 3.5(i). |
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http://www.illinoisbar.org/EthicsOpinions/93-12.asp
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| | Parents, Partners, and Personal Jurisdiction: Part II |
| | Indeed, applying the ex parte divorce exception in these cases turned the benevolent rationale on its head: it was designed to permit the abandoned, stay-at-home wife to invoke her home state's presumably more permissive divorce law, rather than forcing her to sue her spouse in his home state, with a more restrictive law. | | | Ex parte divorce not only interfered with the sovereignty of the nonrendering states, but also resulted in the decimation of state policy regarding divorce and the sanctity of marriage. | | | The ex parte divorce exception was necessary to prevent this travesty and to punish a guilty spouse by holding him accountable under the divorce laws of the innocent spouse's home state. |
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http://www.law.pitt.edu/wasserman/law2c.htm
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| | [No title] |
| | If, during an ex parte appeal to the Board, it appears to the Trademark Examining Attorney that an issue not involved in the appeal may render the mark of the applicant unregistrable, the Examining Attorney may file a written request with the Board to suspend the appeal and remand the application for further examination. | | | If, during an ex parte appeal to the Board, it appears to the Board that an issue not previously raised may render the mark of the applicant unregistrable, the Board may issue a written action suspending the appeal and remanding the application to the Trademark Examining Attorney for further examination with respect to that issue. | | | An action taken on a matter arising during the ex parte prosecution of an application for registration may, depending on the nature of the matter and the posture of the case, be reviewable only by appeal to the Board, or only by petition to the Commissioner, or by either appeal or petition. |
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http://www.uspto.gov/web/offices/dcom/ttab/tbmp/1200.txt
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| | Ex-Parte Motions |
| | Before appearing for the ex parte hearing in Departments 53 and 54, the appropriate fee must be paid in person to the Law and Motion Cashier on the first floor of 800 9th Street. | | | Ex-parte applications relating to the ACT Program guidelines must be prepared in conformance with California Rules of Court rule 379(b), and are submitted to the appropriate department depending on the last two digits of the case number. | | | It is recommended that parties seeking an ex parte order that is contested call the appropriate department before noticing the opposing party. |
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http://www.saccourt.com/civil/hearings/Exparte.asp
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| | VALAC Report: Ex Parte Communications |
| | The federal Administrative Procedure Act § 551(14) defines "ex parte communication" as "an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given." The definition makes an exception for requests to know the status of a proceeding. | | | One commenter stated that a prohibition against ex parte communications in adversarial adjudication should be adopted as legislation applicable to all agencies. | | | Legislation should be adopted that requires all state executive and independent agencies that conduct case decisions as defined by the VAPA to adopt a policy regarding ex parte communications in case decisions. |
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http://legis.state.va.us/codecomm/valac/studies/exprport.htm
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| | [No title] |
| | Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. | | | This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. | | | Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing. |
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http://dictionary.law.com/definition2.asp?selected=696&bold=
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| | EX PARTE SEIZURE ORDERS IN TRADE SECRETS CASES |
| | A trial court has judicial discretion to grant ex parte seizure orders to preserve evidence or to promote the interests of justice. | | | To be successful in requesting an ex parte seizure order, the Plaintiff must present reasons to the Court why evidence sought is likely to be destroyed, modified or concealed if notice of the lawsuit is given. | | | Rule 65 of the Federal Rules of Civil Procedure provides the standard for granting ex parte seizure orders in federal cases. |
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http://www.execpc.com/~mhallign/exparte.html
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| | Ex parte communications |
| | All of these communications are ex parte, and the other attorney or attorneys in the case are at no time made aware of the communications or how the Order or Orders have been prepared. | | | The Committee is aware that the Supreme Court Rule 271 provides that, with respect to motions, when a court rules upon a motion other than in the course of trial, the lawyer for the prevailing party shall prepare and present the order to be entered to the court, unless the court directs otherwise. | | | The fact that the lawyer did not initiate the ex parte contact was considered in mitigation in determining the length of the suspension, but it did not justify the lawyer's failure to notify opposing counsel. |
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http://www.illinoisbar.org/EthicsOpinions/94-07.asp
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| | The Ex Parte Rules in an Administrative Context |
| | There is no question but that in a typical trial court setting, a party or litigant cannot advise the judge ex parte how to decide a case. | | | A judge should accord to every person who is legally interested in a proceedings, or that persons's lawyer, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte or other communications concerning a pending or impending proceeding. | | | The only other exceptions are for "ex parte matters specifically authorized by statute" and communications "necessary to procedural aspects of maintaining an orderly process," a phrase which is discussed further below. |
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http://www.stoel.com/resources/articles/ethics/pr_0791.shtm
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| | Ex Parte Merryman by R. B. Taney, Chief Justice |
| | Jefferson’s opinion, the suspension of the writ, he claimed, on his part, no power to suspend it, but communicated his opinion to Congress, with all the proofs in his possession, in order that Congress might exercise its discretion upon the subject, and determine whether the public safety required it. | | | Under the impression of this obligation they give to all the courts the power of awarding writs of habeas corpus. | | | Ex Parte Merryman by R. Taney, Chief Justice |
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http://teachingamericanhistory.org/library/index.asp?document=442
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| | Ex Parte Contacts With Organizational Employees in Missouri |
| | The former employee might have retained an attorney because it was his or her acts or omissions that are at issue, or are the subject of the litigation. | | | An understanding of the limits of ex parte contacts with corporate employees is necessary in order for trial and organizational attorneys to effectively investigate their cases, avoid discovery disputes, and satisfy their clients interests. | | | In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. |
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http://www.mobar.org/journal/1998/marapr/hodes.htm
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| | Ex Parte Interviews |
| | The court held that the plaintiff's attorney was prohibited from conducting pretrial ex parte interviews with employees who might have been involved in the denial of promotions at issue if their actions could be imputed to the corporation for the purposes of civil liability. | | | While CIBA-GEIGY is a criminal case, it is clear that its holding applies to civil cases since the rationale of CIBA-GEIGY was derived from the civil case of Niesig v. | | | It is essential that the lower courts maintain consistency in decisions on ex parte interviews. |
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http://www.rossettidevoto.com/Articles/ExPArte.htm
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| | Ex Parte Limitations - Assess the National Mediation Board |
| | Ex parte communications are permitted with the Investigator(s) assigned to the case when the Investigator is engaged in the fact finding phase of a case. | | | You may wish to request copies of documents relating to any ex parte (private) contacts between NMB Board Members and anyone representing someone in a pending representation matter (R case or CR file). | | | In addition, ex parte communications are prohibited between the participants and NMB Counsel assigned to any appellate matter including: Motions for Reconsideration; Allegations of Election Interference; Craft or Class Determinations; and/or Jurisdictional Issues. |
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http://www.nmbfacts.com/nmbsExParte.htm
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| | Ex Parte or In Camera Proceedings |
| | The requirement in civil actions that a copy of a subpoena duces tecum be served on other parties does not apply to criminal actions under CPLR 2303(a), as amended. | | | With contested discovery, the court may review ex parte or in camera, and grant a protective order. | | | However, with a subpoena duces tecum upon a municipality, which requires a judicial order, CPLR 2307 requires that notice be given not only to the municipality but to opposing counsel as well. |
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http://www.mcacp.org/issue56.htm
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| | Ex Parte Milligan, 71 U.S. 2 (4 Wall.) (1866) |
| | Although this case is here ex parte, it was not considered by the court below without notice having been given to the party supposed to have an interest in the detention of the prisoner. | | | If these averments were true (and their truth is conceded for the purposes of this case), the court was required to liberate him on taking certain oaths prescribed by the law, and entering into recognizance for his good behavior. | | | These arrests {129} and trials, when brought to the notice of the courts, were uniformly condemned as illegal. |
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http://www.constitution.org/ussc/071-002a.htm
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| | Section 455-035 Protection orders--ex parte. |
| | An ex parte order of protection entered by the court shall take effect when entered and shall remain in effect until there is valid service of process and a hearing is held on the motion. | | | Failure to serve an ex parte order of protection on the respondent shall not affect the validity or enforceability of such order. | | | Upon the filing of a verified petition pursuant to sections 455.010 to 455.085 and for good cause shown in the petition, the court may immediately issue an ex parte order of protection. |
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http://www.moga.state.mo.us/statutes/C400-499/4550000035.HTM
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| | Legal Definition of 'Ex Parte' |
| | In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request without hearing from the other side) when time is limited or it would do no apparent good to hear the other side of the dispute. | | | Once he's out of the house, the court holds a hearing, where he can tell his side and the court can decide whether the ex parte order should be made permanent. | | | For example, if a wife claims domestic violence, a court may immediately issue an ex parte order telling her husband to stay away. |
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http://www.lectlaw.com/def/e051.htm
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| | EX PARTE MITSUYE ENDO, 323 U.S. 283 (1944) |
| | We mention these constitutional provisions not to stir the constitutional issues which have been argued at the bar but to indicate the approach which we think should be made to an Act of Congress or an order of the Chief Executive that touches the sensitive area of rights specifically guaranteed by the Constitution. | | | I conclude, therefore, that the court is squarely faced with a serious constitutional question,-whether the relator's detention violated the guarantees of the Bill of Rights of the federal Constitution and especially the guarantee of due process of law. | | | 9 of the Constitution that 'The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.' See Ex parte Milligan, supra. |
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http://www.bus.miami.edu/~jmonroe/endo.htm
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| | Ex Parte Garland |
| | The State of Missouri, and the reasoning by which that conclusion was reached applies equally to similar action on the part of Congress. | | | That this result cannot be effected indirectly by a State under the form of creating qualifications we have held in the case of Cummings v. | | | Justice FIELD delivered the opinion of the court. |
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http://www.agh-attorneys.com/4_ex_parte_garland.htm
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| | OSCN Found Document:Emergency Ex Parte Order - Hearing |
| | The emergency temporary ex parte order shall be in effect until the close of business on the next day the court is open for business after the order is issued. | | | The court may, for good cause shown at the hearing, issue any emergency ex parte order that it finds necessary to protect the victim from immediate and present danger of domestic abuse, stalking, or harassment. | | | The Administrative Office of the Courts shall develop a standard form for emergency ex parte protective orders. |
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http://www.oscn.net/applications/OCISWeb/deliverdocument.asp?citeID=70257
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| | Ex parte McCardle - Wikipedia, the free encyclopedia |
| | Ex Parte McCardle, 74 U.S.) is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law. | | | During the Civil War Reconstruction, William McCardle, a newspaper publisher and not a member of the military, published some "incendiary" articles. |
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http://en.wikipedia.org/wiki/Ex_Parte_McCardle
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| | LawKT.com: Law Firm Publications on Ex Parte |
| | For another, the court indicated that it expected its ruling to apply to ex parte appeals as well as to inter partes cases, saying that "Claim construction must also be explicit, at least as to any construction disputed by parties to the interference (or an applicant or patentee in an ex parts proceeding). | | | The court granted plaintiffs’ motion for an ex parte temporary restraining order, finding that plaintiffs’ marks were distinctive and famous and that defendants’ use of the “washintonpost.com” domain name for a pornographic site tarnished and therefore diluted plaintiffs’ marks. |
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http://www.lawkt.com/pubs/Ex_Parte.html
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| | AllRefer.com - Merryman, ex parte, Court Case (Court Cases) - Encyclopedia |
| | AllRefer.com - Merryman, ex parte, Court Case (Court Cases) - Encyclopedia | | | The commanding general refused to respect this action, alleging that President Lincoln had authorized him to suspend the writ. | | | You are here : AllRefer.com > Reference > Encyclopedia > Court Cases > Merryman, ex parte |
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http://reference.allrefer.com/encyclopedia/M/Merryman.html
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| | Ex parte |
| | The Latin term "Ex parte" means, in a UK legal context: "proceeding brought by one person in the absence of another." |
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http://www.clickdocs.co.uk/glossary/ex-parte.htm
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| | Ex Parte Virginia, 1879 |
| | In Ex parte Burford (3 Cranch, 448), such a writ was awarded to review a commitment by the Circuit Court of the District of Columbia, not to review a decision of an inferior court upon a habeas corpus issued by it. | | | Our conclusion, then, is that we are empowered to grant the writ in such a case as is presented in these petitions. | | | Nor would legislation be appropriate which should conflict with the implied prohibitions upon Congress. |
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http://www.lectlaw.com/files/case24.htm
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| | EX PARTE CONTACTS |
| | (2) Upon making a record of an ex parte communication under subsection (1) of this section, a hearing officer shall advise the agency and all parties in the proceeding that an ex parte communication has been made a part of the record. | | | The hearing officer shall allow the agency and parties an opportunity to respond to the ex parte communication. | | | (1) A hearing officer assigned from the Hearing Officer Panel who is presiding in a contested case proceeding and who receives an ex parte communication described in subsections (3) and (4) of this section shall place in the record of the pending matter: |
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http://www.oaalj.org/exparte.htm
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| | [No title] |
| | In applying for the grant the owner certified that part of the property would be available for active to someone not a family member. | | | These cases are a small part of the lawindexpro database. | | | The certificates were confusing, but the words of the section did not allow the possibility of the landlord occupying any part of the house either himself or through a member of his own family. |
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http://www.swarb.co.uk/lisc/Planning.shtml
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| | Ex parte Williams |
| | We explained that estoppel was distinct from waiver and “is part of the definition of what can constitute error, and quite reasonably defines error of which a party may complain as excluding those actions of the trial court actually sought by the party to the tribunal.” | | | He challenged the validity of the plea agreement only after his probation was revoked for violating its terms. | | | The question is whether an error capable of rendering a judgment or sentence void can be subject to estoppel. |
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http://www.bakers-legal-pages.com/cca/opinions/73845b.htm
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| | 2200 Citation of Prior Art and Ex Parte Reexamination of Patents |
| | 2291 Notice of Ex Parte Reexamination Certificate Issuance in Official Gazette | | | 2266.02 Examiner Issues Notice of Defective Paper in Ex Parte Reexamination | | | 2229 Notice of Request for Ex Parte Reexamination in Official Gazette |
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http://www.uspto.gov/web/offices/pac/mpep/documents/2200.htm
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| | Milligan, ex parte |
| | By authorization of Congress, President Lincoln in 1863 suspended the writ of | | | Milligan, ex parte, case decided by the U.S. Supreme Court in 1866. |
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http://www.factmonster.com/id/A0833218
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| | Ex-Parte Orders and Restraining Orders |
| | To that end, the judge presiding over family law matters shall have broad discretion to permit exemptions from these Rules where necessary to encourage resolution of family law matters. | | | 17.4 Ex Parte Order for Immediate Change of Prior Order for Custody of Minor | | | Applications for ex-parte orders in family law matters shall be presented to the Judge in the assigned department. |
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http://www.yolocourts.com/rul17.html
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| | Ex parte Endo - Education - Information - Educational Resources - Encyclopedia - Music |
| | The court also found as part of this decision that if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program. | | | That petition was denied by the District Court in July, 1943, and an appeal was prefected to the Circuit Court of Appeals in August, 1943. | | | United States decision, the United States Supreme Court ruled on December 18, 1944 in Ex parte Endo that, regardless of whether the United States Government had the right to exclude people of Japanese ancestry from the West Coast during World War II, they could not continue to detain a citizen established to be loyal. |
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http://education.music.us/E/Ex-parte-Endo.htm
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| | The Hutchinson Encyclopedia: Ex parte Merryman@ HighBeam Research |
| | Circuit court decision 1861 dealing with the right of the US president to restrict the civilian court under martial law for secessionist activities. | | | The Hutchinson Encyclopedia: Ex parte Merryman@ HighBeam Research |
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http://www.highbeam.com/library/doc0.asp?DOCID=1P1:100094994
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| | PCJ Article 516: Ex-Parte Contacts |
| | Any substantive information or facts that you receive during the course of those contacts that relate to the matter at hand ought to be made a part of the public record so that it can be available for consideration or challenge by all interested parties. | | | While that is generally true, the literal meaning of the term "ex parte" is "one-sided." This, of course, suggests that when you engage in an ex-parte contact, you are engaging in a one-sided discussion, without providing the other side an opportunity to respond and state their case. | | | Critical elements of legal due process involve providing all parties an opportunity for a fair hearing, full disclosure of information that you are considering, and an opportunity to be heard. |
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http://www.plannersweb.com/wfiles/w516.html
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| | Ex parte Richardson |
| | Maryland, 373 U.S. 83 (1963) (prosecution has affirmative duty to disclose material, exculpatory evidence to an accused; prosecution’s suppression of co-defendant’s confession violated Due Process Clause of the Fourteenth Amendment); Ex parte Kimes, 872 S.W.2d at 702. | | | Whitley, 514 U.S. Ex parte Mitchell, 977 S.W.2d 575, 578 (Tex. Crim. | | | A habeas applicant demonstrates that he is entitled to relief for a Brady violation by “showing that the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict.” Kyles v. |
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http://www.bakers-legal-pages.com/cca/opinions/74221.htm
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| | Ex Parte Fide: July 2004 Archives |
| | From deep in the recesses of my addled brain, I recalled the crucial Supreme Court case after the Civil War, ex parte Milligan. | | | I looked it up at FindLaw and found that ex parte means "on behalf (of)". | | | I should point out that I am neither a theologian or a lawyer nor a priest, so on a whole lot of levels, I'm shooting from the hip here. |
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http://exparte.oconor.net/archives/2004_07.html
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| | HLS Federalist Society Ex Parte - - |
| | Credit cards are not an efficient market in which card issuers really compete with each other on price, in part this is because consumers do not know the cost of credit when they make purchase and payment decisions. | | | Ex Parte is written by its student members. | | | Fighters may honorably end a fight at any time by "tapping out" to signal their surrender, while the ref may also stop a fight for a cut or if he feels a fighter is too injured to continue. |
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http://exparte.powerblogs.com
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| | Ex Nihilo |
| | List five things that people in your circle of friends or peer group are wild about, but you canât really understand the fuss over. | | | It seems that at least part of the joy in life comes from experience. | | | With Saul Bellowâs passing only days behind us, the world has lost not only the greatest American literary voice of the last fifty years ( Tom Wolfe being both a journalist and a novelist); we have lost the keenest memory of political philosopher Allan Bloom. |
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http://johncoleman.typepad.com
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