law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, ''sua sponte'' (

Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

: "of his, her, its, or their own accord") or ''suo motu/suo moto'' ("on its own motion") describes an act of authority taken without formal prompting by another

party A party is a gathering of people who have been invited by a Hospitality, 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 oft ...

. The term is usually applied to actions taken by a

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

without a prior

motion In physics, motion is when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...

or request from the parties. The form ''nostra sponte'' ("of our own accord") is sometimes used when the action is taken by a multi-member court, such as an

appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ...

, 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. 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 Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

) and therefore cannot make motions on its behalf without making a general appearance. Judges commonly act ''sua sponte'' when they determine that the court does not have

subject-matter jurisdiction Subject-matter jurisdiction, also called jurisdiction ''ratione materiae'', is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. Subject-matter relates to the nature of a case; whether it is criminal, ci ...

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 wikt:interest#Noun, interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates t ...

, even if all parties disagree.

Notable cases

* In ''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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...

ruled that a

district court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...

could not move ''sua sponte'' to grant a

judgment Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial ...

acquittal In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an of ...

( notwithstanding the verdict) to remedy the late filing of the equivalent motion. * In ''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 one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...

moved ''sua sponte'' to reject a ''

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...

'' 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 (; ''Adālat-e-Uzma Pākistān'') is the apex court in the Judiciary of Pakistan, judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance witPart VIIof the Constitution of Pakistan, it h ...

has frequently taken up ''suo motu'' cases against

government authorities A public-benefit nonprofit corporationnonprofit corporation chartered by a state governments of the United States, U.S. state government and organized primarily or exclusively for Institution, social, educational institution, educational, Recreati ...

involving violence,

corruption Corruption is a form of dishonesty or a criminal offense that is undertaken by a person or an organization that is entrusted in a position of authority to acquire illicit benefits or abuse power for one's gain. Corruption may involve activities ...

, imposition of

price ceiling A price ceiling is a government- or group-imposed price control, or limit, on how high a price is charged for a product, commodity, or service. Governments use price ceilings to protect consumers from conditions that could make commodities proh ...

s on various

commodities In economics, a commodity is an economic good, usually a resource, that specifically has full or substantial fungibility: that is, the market treats instances of the good as equivalent or nearly so with no regard to who produced them. Th ...

, and so on. The extent to which the court should exercise this authority is a matter of political debate.

Other uses

* The

United States Army Rangers The United States Army Rangers are U.S. Army personnel who have served in any unit which has held the official designation of "Ranger". The term is commonly used to include graduates of the Ranger School, even if they have never served in a ...

75th Ranger Regiment The 75th Ranger Regiment, also known as the United States Army Rangers, Army Rangers, is the United States Army Special Operations Command's premier light infantry and direct-action raid force. The 75th Ranger Regiment is also part of Joint S ...

's motto is ''Sua Sponte'', 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.

References

{{Italic title Latin legal terminology

Notable cases

Other uses

See also

References