In
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, ''sua sponte'' (
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
: "of his, her, its or their own accord") or ''suo motu'' ("on its own motion") describes an act of authority taken without formal prompting from another
party
A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often feature f ...
. The term is usually applied to actions by a
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
taken without a prior
motion
In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and mea ...
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 official capacity.
One situation in which a party might encourage a judge to move ''sua sponte'' occurs when that party is preserving a
special appearance In law, an appearance (from Latin ''apparere'', to appear) occurs when a party to a lawsuit physically appears in court, or to a formal act through which a defendant submits to the jurisdiction of the court in which the lawsuit is pending.
History ...
(usually to challenge
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
), and therefore cannot make motions on its own behalf without making a
general appearance In law, an appearance (from Latin ''apparere'', to appear) occurs when a party to a lawsuit physically appears in court, or to a formal act through which a defendant submits to the jurisdiction of the court in which the lawsuit is pending.
History ...
. Common reasons for an action taken ''sua sponte'' are when the judge determines that the court does not have
subject-matter jurisdiction
Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority ...
or that the case should be moved to another judge because of a
conflict of interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...
, even if all parties disagree.
Notable cases
* ''Carlisle v. United States,'' 517 U.S. 416 (1996) – The
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
ruled that a
district court could not move ''sua sponte'' to grant a
judgment
Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to decision-making, make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct u ...
of
acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
(
notwithstanding the verdict) to remedy the late filing of the equivalent motion.
* ''Trest v. Cain,'' 522 U.S. 87 (1997), 94 F.3d 1005 – The
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:
* Eastern District of Louisiana
* M ...
moved ''sua sponte'' to reject a ''
habeas corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' claim because of procedural default, citing an obligation to do so. The Supreme Court ruled that this was not obligatory, but declined to rule whether it was permitted.
* Since 2009, the
Supreme Court of Pakistan
The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan.
Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate a ...
has frequently taken up ''suo motu'' cases against
_there._This_includes_cases_involving_violence_in_the_country,_government_corruption,_imposing_price_ceilings_on_various_commodities,_and_many_other_cases._The_extent_to_which_the_court_should_exercise_this_authority_is_a_matter_of_political_debate.
*_A_special_reference_as_to_the_initiation_of_Inquisitorial_system.html" ;"title="110. - 6910./ref> is a type of Nonprofit organization">nonprofit corporation chartered by a state governments of the United States, state gover ...
there. This includes cases involving violence in the country, government corruption, imposing price ceilings on various commodities, and many other cases. The extent to which the court should exercise this authority is a matter of political debate.
* A special reference as to the initiation of
_was_also_made_by_the_Supreme_Court_of_India,_to_facilitate_this_epistolary_proceedings_(''suo_moto_cognizance''),_a_public_interest_litigation.html" ;"title="Inquisitorial system">inquisitorial proceedings was also made by the Supreme Court of India, to facilitate this epistolary proceedings (''suo moto cognizance''), a public interest litigation">Inquisitorial system">inquisitorial proceedings was also made by the Supreme Court of India, to facilitate this epistolary proceedings (''suo moto cognizance''), a public interest litigation cell has been opened in the Supreme Court to which letters addressed to the Court or individual judges are forwarded which are placed before the Chief Justice after scrutiny by the staff attached to the cell. The court is not bound by the Civil Procedure Code and the Evidence Act to fulfill the object and purpose of Article 32, and can devise inquisitorial or other procedures.
* The 75th Ranger Regiment (United States Army Rangers) uses ''Sua Sponte'' as their regimental motto, referring to the Rangers' ability to accomplish tasks with little to no prompting and to recognize that a Ranger volunteers three times: for the U.S. Army, Airborne School, and service in the 75th Ranger Regiment.