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Sua sponte

From Wikipedia, the free encyclopedia
Action taken in law without request from another party

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.

Notable cases

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Other uses

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  • TheUnited States Army Rangers'75th Ranger Regiment's motto isSua 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.[14]

See also

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References

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  1. ^Castaldo, Jennifer S. (2015-03-13)."Civil Litigation: Obtaining appellate review of a sua sponte order".NY Daily Record. Retrieved2021-08-30.
  2. ^Milani, Adam A.; Smith, Michael R. (2001). "Playing God: A Critical Look at Sua Sponte Decisions by Appellate Courts".Tennessee Law Review.69: 245.
  3. ^Couch, Dick (2013-07-02).Sua Sponte: The Forging of a Modern American Ranger. Penguin.ISBN 978-0-425-25360-1.
  4. ^Shannon, Bradley (March 2018)."Reconciling Subject-Matter Jurisdiction".Hofstra Law Review.46 (3).
  5. ^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.SSRN 1087415.
  6. ^Carlisle v. United States, 517 U.S. 416 (Supreme Court of the United States 1996).
  7. ^Trest v. Cain, 522 U.S. 87 (Supreme Court of the United States 1997).
  8. ^Karachi violence suo motu: Supreme Court to resume proceedings from today – The Express Tribune
  9. ^SC reserves verdict in POL GST suo motu case | Pakistan Today | Latest news | Breaking news | Pakistan News | World news | Business | Sport and Multimedia
  10. ^Pakistan court takes suo motu notice of Hazara killings – The Hindu
  11. ^Daily Times – Leading News Resource of Pakistan
  12. ^Pak`s CJ takes suo motu notice of illegal CNG licences
  13. ^The power of suo motu – The Express Tribune
  14. ^"US Army Rangers".US Army Ranger Association. Retrieved29 March 2015.

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