“Ex Parte Evidence by Way of Affidavit” refers to the submission of evidence in court proceedings by means of an affidavit by one party in the absence of the other party. In legal contexts, “ex parte” signifies that a matter is being considered or heard without the presence of all the involved parties.
When one party presents evidence through an affidavit without the opposing party’s presence or participation, it is typically done when the other party is not available or unwilling to participate in the proceedings. The affidavit contains sworn statements or facts relevant to the case, presented by the party initiating the action.
Courts may consider ex parte evidence through an affidavit when urgent or time-sensitive matters arise, such as seeking interim relief or temporary orders when immediate action is necessary and the opposing party cannot be reached or is avoiding participation. However, the admissibility and weight given to such evidence may vary based on legal procedures and the circumstances of the case. It’s essential to note that relying solely on ex parte evidence may affect the fairness of the legal process, and courts generally strive for fairness and allowing both parties an opportunity to present their case.