Ex parte motion practice has always played an important part in matrimonial actions where it is frequently necessary to seek emergency relief from the court such as a temporary restraining order or order of protection. Other relief such as a pre-commencement order directing service of process by an alternative method (CPLR 308(5)), or a pre-commencement order of sequestration (Domestic Relations Law §233) require ex parte submissions. Moreover, post-judgment enforcement and modification proceedings must usually be commenced by Order to Show Cause directing the method of service upon the defendant.

Where an ex parte request for relief is granted, CPLR 5704(a) provides opposing counsel with the opportunity to have the order vacated by the appellate division or a justice of the court without the necessity of an appeal. Similarly, it permits counsel, whose request for interim relief is denied, to obtain a review of the denial by the full bench of the appellate division.