Action taken in law without request from another party
In law, sua sponte (Latin: "of his, her, its or their own accord") or suo motu ("on its own motion")[1] describes an act of authority taken without formal prompting from another party.[2] The term is usually applied to actions by a judge taken without a prior motion or request from the parties. The form nostra sponte ("of our own accord") is sometimes used by the court itself, when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge. (Third parties describing such actions would still refer to them as being taken by the court as a whole and therefore as sua sponte.) While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in their official capacities.[3]
One situation in which a party might encourage a judge to move sua sponte occurs when that party is preserving a special appearance (usually to challenge jurisdiction), and therefore cannot make motions on its own behalf without making a general appearance. Judges commonly act sua sponte when they determine that the court does not have subject-matter jurisdiction[4] or that the case should be moved to another judge because of a conflict of interest,[5] even if all parties disagree.
^Castaldo, Jennifer S. (2015-03-13). "Civil Litigation: Obtaining appellate review of a sua sponte order". NY Daily Record. Retrieved 2021-08-30.
^Milani, Adam A.; Smith, Michael R. (2001). "Playing God: A Critical Look at Sua Sponte Decisions by Appellate Courts". Tennessee Law Review. 69: 245.
^Couch, Dick (2013-07-02). Sua Sponte: The Forging of a Modern American Ranger. Penguin. ISBN 978-0-425-25360-1.
^Abramson, Leslie W. (2007). "Judicial Disclosure and Disqualification: The Need for More Guidance". Justice System Journal. 28 (3): 301–308. doi:10.1080/0098261X.2007.10767849. JSTOR 27977352. S2CID 141823072.
In law, suasponte (Latin: "of his, her, its or their own accord") or suo motu ("on its own motion") describes an act of authority taken without formal...
allow vacatur either at the request of a party (a motion to vacate) or suasponte (at the court's initiative). A vacated judgment may free the parties to...
beginning of the Initial Case Management Conference, the judge dismissed suasponte Miller’s claims against TSUS and UHS, countenancing no discussion regarding...
a formal request from another party. Some jurisdictions use the term suasponte for the same concept. In Catholic canon law, it refers to a document issued...
v. United States. At times justices or judges will recuse themselves suasponte (on their own motion), recognizing that facts leading to their disqualification...
recent of which were earned in Vietnam and Haditha, Iraq, respectively. SuaSponte, Latin for Of their own accord is the 75th Ranger Regiment's Regimental...
courts of record, in that they cannot reach out on their initiative (suasponte) at any time to overrule judgments of the lower courts. Normally, the...
the request of either or both parties in the dispute, or by the judge suasponte. In response to delays in bringing cases to trial, some states have adopted...
judge is not ethically required to disclose such facts or circumstances suasponte in the proceeding, regardless of any surrounding publicity or lack thereof...
having been given. This finding is influenced by its earlier, unwarranted, suasponte illegal arrest ruling, as well as by credibility choices contrary to those...
Principis periculo magna Priscorum Scotorum multitudo partim excita partim suasponte afferit, imprimis Fraserie et Munoroii hominum fortissimorum in illis...
is reversible error, although the court need not order the disclosure suasponte. The usual remedy for failure of the government to produce the documents...
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for granting the mistrial. The same standard governs mistrials granted suasponte. In Heath v. Alabama (1985), the Supreme Court held that the Fifth Amendment...
freedom to petition the court has been blocked. The court may proceed suasponte, or cases can proceed on the petition of an individual or group. Courts...
prosecutor's office: the examining judge cannot open a criminal investigation suasponte. In the past the examining judge could order committal of the accused...
its counties and towns" justified the ruling. Ginsburg also invoked, suasponte, the doctrine of laches, reasoning that the Oneidas took a "long delay...
, D.C. Super Ct. R. 55(a) (14 days, if the clerk dockets the default suasponte). E.g., Md. R. 2-613(c). E.g., Va. Sup Ct. R. 3:19(a). E.g., Md. R. 2-613(d);...
system along the lines of layers, levels, divisions, or similar grouping. suasponte of its own accord Some action taken by the public prosecutor or another...
U.S. federal courts, courts must consider subject matter jurisdiction suasponte and therefore recognize their own lack of jurisdiction even if neither...
executed, when a divided en banc panel of the Court of Appeals recalled suasponte the court's June 11, 1997 mandate. This occurred well after the Court's...
interfere with judicial proceedings by intimidating witnesses, the court suasponte decided to empanel an anonymous jury, withholding jurors' names, addresses...
that lawsuit, the U.S. District Court for the Northern District of Texas suasponte declared Castro a vexatious litigant and prohibited him from filing further...
Regiment - To The Limit of Our Ability 75th Ranger Regiment - Latin: SuaSponte, lit. 'Of Their Own Accord' 133rd Infantry Regiment - Old French: Avauncez...
new point involving new issues of fact. A common law court, too, will suasponte take a point which is a matter of public policy; it will, for instance...
for granting the mistrial. The same standard governs mistrials granted suasponte. Retrials are not common, due to the legal expenses to the government...
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