Superior Court Statistical Reporting Manual

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6. EX PARTE ACTIONS

An ex parte action is a judicial action on the behalf of one party, without notice to or contestation by any person adversely interested. Such an action may take place on or off the bench, but does not necessarily result in a signed order. Ex parte actions on the bench do not involve oral argument or testimony; if oral argument or testimony is involved, record the event as a proceeding. See Proceedings Held on page 8-14.

To count ex parte actions, enter the "EXWACT" or "EXOACT" docket codes using the following definitions.

Ex Parte Action With Order (EXWACT) - An ex parte matter resulting in a signed judicial order.

Ex Parte Action Without Order (EXOACT) - An ex parte matter not resulting in a signed judicial order.

Ex parte actions conducted from the bench can be docketed by the courtroom clerk following the action. Ex parte actions conducted off the bench would require judicial officer completion of a transaction slip for a matter conducted off the bench and filing the slip with the clerk for docketing.

Given the frequency of ex parte actions occurring off the bench, and the necessary completion of a transaction slip by the judicial officer, reporting of this workload measure is a local option.

Ex parte actions are recorded in the offense filing category that corresponds to the most serious charge current at the time of the action.


 

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