Remedies available to the defendant against an ex parte decree
An Ex parte decree is a decree in the absence of the defendant at which only the plaintiff appears and the defendant fails to appear despite having been duly served on the record, so that the court has rendered a decree in the absence of the defendant.
The defendant is given a certain amount of time to show sufficient cause to set aside the ex parte decree. No ex parte decree shall be set aside without notice to the adverse party. In addition, the proceedings shall begin anew.
Remedies against an Ex parte decree
Ex parte Appeal
The ex parte appeal process depends entirely on the PTAB. In such a case, the ex parte appeals lawyer files an ex parte application with the examiner, along with the applicant’s affidavit and any evidence you wish to attach. The purpose of ex parte appeals lawyer application is essentially to convince the examiner that you, the applicant, need an immediate order based on urgency. The more meaningful the respondent’s documentation, the more likely he/she is to obtain an ex parte order.
Ex Parte Application
The defendant may appeal against the decree. An attorney for ex parte appeals lawyer is an alternative to continuing the proceedings before the examiner. It is an examination of the application “as is” and does not allow the applicant to make substantive changes. Because the PTAB does not issue a patent, an ex parte appeal merely reviews the examiner’s decisions in a pending patent application.
During the initial processing of a patent application, an ex parte appeal lawyer may file an ex parte appeal after either 1) a patent application has been rejected twice or 2) a final Office action has been issued
When you file an appeal with the PTAB, the examiner’s rejection is reviewed by a panel of at least three administrative judges. This is a more formal legal setting in which the parties must file legal briefs and optionally present oral arguments.
Ex Parte Review Application
Defendant can apply for revision in this case. After reviewing the ex parte appeal, the examiner may grant the ex parte motion and issue a temporary restraining order, such as a temporary custody order or a temporary restraining order. Because the other party was not present, the order is temporary. Some examples of ex parte orders are orders that:
- Prevent the other party from taking the child out of the country or state
- Prevent the other party from destroying property
- Prevent the other party from removing assets as part of a divorce proceeding
- Require the other party to stay away and not harass you
The PTAB must hold a hearing within a substantial amount of time, with both parties present. The purpose of the hearing is to ensure that the other party can exercise their right to due process.
If the examiner denies the ex parte application, another hearing may be held shortly after the denial. Both the respondent and the ex parte appeals lawyer must appear at the hearing.
File a Suite on the basis of Fraud
The PTAB may impose conditions on setting aside the judgment if the grounds are met. It may order payment of costs, or require the defendant to deposit the amount of the remission or any part thereof, or direct him to furnish security, or impose any other condition the court deems appropriate, and set a day for the hearing of the action.
Courts have broad discretion in imposing conditions and requirements on the defendant. However, the conditions imposed must be reasonable and should not be unduly harsh. They should exercise their discretion reasonably and judicially and not arbitrarily or capriciously. Courts may set aside such requirements and conditions if they are onerous or unreasonable. Failure to comply with any of the conditions would result in denial of the motion for rehearing.
What Happens at the Full Hearing?
At the full hearing, you and the defendant will present evidence in the form of testimony and other documents you may have, such as photographs, hospital records, and police reports.
If you do not appear at the hearing, the judge will vacate the order. If the defendant does not appear, it is likely that you will get a permanent injunction that will last for about a year. In some states, if the respondent fails to appear, the judge may automatically issue a permanent order.