Nobody Expects the Spanish Inquisition: A Primer on the Use (and Abuse) of Ex Parte Proceedings in Civil Cases

[2009] Annual Review of Civil Litigation 443-469

28 Pages Posted: 14 Jul 2012

See all articles by Robert J. Currie

Robert J. Currie

Dalhousie University - Schulich School of Law

Date Written: 2009

Abstract

On any ex parte application, the utmost good faith must be observed. That requires full and frank disclosure of all material facts known to the applicant or counsel that could reasonably be expected to have a bearing on the outcome of the application. Because counsel for the applicant is asking the judge to invoke a procedure that runs counter to the fundamental principle of justice that all sides of a dispute should be heard, counsel is under a super-added duty to the court and other parties to ensure that as balanced a consideration of the issue is undertaken as is consonant with the circumstances.

Keywords: civil, ex parte, good faith, disclosure, justice

Suggested Citation

Currie, Robert J., Nobody Expects the Spanish Inquisition: A Primer on the Use (and Abuse) of Ex Parte Proceedings in Civil Cases (2009). [2009] Annual Review of Civil Litigation 443-469, Available at SSRN: https://ssrn.com/abstract=2104286

Robert J. Currie (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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