ex parte order allowing the occupants to stay


QUESTIONS AND ANSWERS

Take a look at these. The property was sold at auction sometime last week…we filed a summons/complaint modeled after a pleading by melissa huesman — attached. Judge wouldnt let us file the notice of pendency at the exparte hearing..can you offer some insight, suggestions etc?..

NLS Say’s . . .
Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s).

Response: 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.  For example, if a lender in a UD holdover matter cites jurisdiction , a court might affirm an ex parte order telling the occupants to stay.  Once out of the house, the court holds a hearing, where occupants can tell there side and the court can decide whether the ex parte order should stand.

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