Which describes an ex parte proceeding?

• A. A hearing or examination held in the absence of the other party
• B. A hearing or examination conducted with both parties present
• C. A trial with the judge's involvement
• D. A motion to recuse the judge

Answer: (A)

Ex parte proceedings are hearings held for one party in the absence of the other. This setup is used when immediate action is needed and giving notice to the other side isn’t feasible or would undermine the purpose. The described scenario— a hearing or examination conducted without the other party present—fits this concept exactly. Such proceedings are common for urgent relief, like an emergency order, where the court acts on the moving party’s request before the other side can appear, with later notice and a full hearing. In contrast, hearings where both parties are present are regular proceedings, not ex parte, and a trial with the judge’s involvement or a motion to recuse the judge relate to different aspects of the litigation process.