All About Ex-Parte Decrees.
All About Ex-Parte Decrees An ex-parte decree is a legal judgment passed by a court in the absence of one of the parties to the lawsuit. The term " ex-parte " literally means "from one side." This type of decree is typically issued when one party, despite being properly served with a summons, fails to appear in court on the specified date of hearing. Key Characteristics and Grounds · Non-Appearance: The fundamental reason for an ex-parte decree is the failure of the defendant to appear after receiving a valid summons. · Proof of Service: The court must be satisfied that the summons was duly served on the absent party. If service was improper, the decree may be set aside. · Proceeding to Judgment: If the court finds that the summons was properly served, it can proceed with the hearing in absentia (in the absence of the defendant) and deliver a judgment ...