Inlaw,sua sponte (Latin: "of his, her, its, or their own accord") orsuo motu/suo moto ("on its own motion")[1] describes an act of authority taken without formal prompting by anotherparty.[2] The term is usually applied to actions taken by ajudge without a priormotion or request from the parties. The formnostra sponte ("of our own accord") is sometimes used when the action is taken by a multi-member court, such as anappellate 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 assua 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 movesua sponte occurs when that party is preserving aspecial appearance (usually to challengejurisdiction) and therefore cannot make motions on its behalf without making ageneral appearance. Judges commonly actsua sponte when they determine that the court does not havesubject-matter jurisdiction[4] or that the case should be moved to another judge because of aconflict of interest,[5] even if all parties disagree.