What is Ex Parte and Who Filed the Motion?

Yesterday, a filing appeared in the court’s database that has everyone confused and wondering. I’ve been thinking about it, and I’m ready to give my moderately-educated guess.

Let’s remember, all we can do is speculate at this point because the details are under seal. The filing is an ex parte motion for a protective order. There are a few different types of protective orders, and this is what seems confusing. Ex parte is a Latin term that means that only one party appears before the court. Ex parte actions are unusual in court because our system generally frowns on any sort of unilateral action, favoring full representation. One exception is if the motion is filed on an emergency basis. The most common time this happens is if the person filing the motion is in danger, such as cases of domestic violence or stalking. The other exception could be when the parties have already agreed to something, and only one party is necessary to file the action. It’s is more typical when the thing being protected is evidence rather than a person. The procedures and uses of ex parte motions vary from state to state. Protective orders are often used to ensure that sensitive evidence isn’t disseminated beyond the lawyers.

All we really know is that someone filed an ex parte motion asking for a protective order and then asked that the substance of the motion (including who filed it, what or who is being protected, and why) be sealed. The court held a hearing on March 8, 2021. The hearing’s stated purpose was to deal with expert witness issues set to testify in the upcoming change of venue hearing. Instead, the judge asked for a private meeting with the lawyers. The judge had the meeting recorded by the clerk but then ordered that the recording be sealed. After that meeting, the judge vacated all upcoming hearings set a status hearing in April.

So here is my best guess: Rob Wood filed the ex parte motions. Many people have sleuthed out that the current filings look a lot like others filed by Wood. Also, each defendant’s filing occurred nearly simultaneously, which would be unusual from what we’ve seen of other filings by each defendant’s lawyer. I’ve discussed Tammy’s autopsy in an earlier newsletter and my belief that Wood has communicated the findings to defense attorneys, Prior and Means. Because Tammy’s autopsy has no real relevance to the current charges, he was under no obligation to turn over copies to either lawyer. He is obligated to turn over the children’s autopsies once they are received.

As you might recall, Wood told Lori’s sister, Summer, that Tylee’s autopsy could take quite a while because the FBI crime lab was very busy and because of the state of the remains. I think Tylee’s autopsy is finally back. I think Rob Wood informed the defense attorneys before the March 8 hearing, and I think the private discussion with the judge included an agreement that Wood would release the reports as soon as there was a protective order in place. A protective order is necessary to ensure the document isn’t released to the public, so that the jury pool isn’t tainted by potentially inflammatory information.

I think there was also discussion about the findings and Wood’s intention to file new charges. The motion for the protective order was filed ex parte because all three attorneys agreed to it before it was filed. The judge vacated all the future hearings because there is no need for them. I think we have finally reached the point we’ve all been waiting for, and I expect we will see new charges very soon. Perhaps even next week. New charges would make all the upcoming procedural motions, such as the change of venue motion, irrelevant because I expect Wood will dismiss the current charges and refile them with the murder charges.

These are only guesses based on my experience and knowledge because no one really knows, but I think all will be revealed soon.