[Latin, Of his or her or its own will; voluntarily.]
For example, when a court takes action on its own motion, rather than at the request of one of the parties, it is acting sua sponte.
| Law Encyclopedia: Sua Sponte |
[Latin, Of his or her or its own will; voluntarily.]
For example, when a court takes action on its own motion, rather than at the request of one of the parties, it is acting sua sponte.
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| Wikipedia: Sua sponte |
In law, the term sua sponte (Latin "on its own will or motion.") means to act spontaneously without prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties. The plural form nostra sponte is sometimes used when the action is taken by a multi-member court, such as an appellate court, rather than a single judge.
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. Common reasons for an action taken sua sponte are when the judge determines that the court does not have subject-matter jurisdiction or that the case should be moved to another judge because of a conflict of interest, even if all parties disagree.
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