No man ought to be affected in his rights by the judgment or decree of any court, without an opportunity of being previously heard in his own defense.

Explanation

(English-origin maxim.) Due process of law requires that no person's rights be taken or diminished by any judgment or decree without the opportunity to be heard in his own defense — a judgment entered without notice and hearing is void.

Where this applies

• A court enters a default judgment stripping a homeowner of his property without ever notifying him of the lawsuit, and the judgment is voided because due process requires that a person be heard before his rights are affected.
• An administrative agency revokes a professional license without giving the licensee an opportunity to respond to the charges, and the court reverses because no one's rights may be diminished without a hearing.
• A child is removed from parental custody based on an ex parte order with no prior notice to the parents, and the appellate court vacates the order because the parents had a right to be heard before their parental rights were affected.