Also known as: ex mero motu · sua sponte · on its own motion
Written by attorneys · grounded in primary & secondary sources — see below
A judicial authority to initiate or order an action without any request or motion from a party. The power permits a court to proceed on its own initiative to manage proceedings, protect interests, or ensure fairness.
Select any source to read its text and confirm it supports the definition.
Ezra Eastman filed for divorce and swore the marriage had broken down. Edith Eberhardt denied any breakdown under oath and asked for counseling. The court continued the hearing thirty-five days later and directed the parties to a conciliation conference even though neither had moved for that step.
Eclipse Manufacturing challenged an environmental regulation. The reviewing court found the agency record incomplete on a key technical issue. It remanded the matter for further proceedings without any party having requested that remedy.
Elena Estrada's therapist learned of a specific threat against her. The court announced that the therapist owed a duty to warn even though neither party had framed the issue that way in the pleadings or motions.
Eileen Epstein obtained a final judgment in a securities case. The court later refused to reopen the judgment on grounds that Congress could not retroactively alter final decisions, acting without any motion from the losing party.
Enzo Eastwood was excluded from taking his congressional seat. The court held that each house alone decides member qualifications and dismissed the suit without any party having moved for that disposition.
Elijah Edwards demanded to represent himself at trial. The court granted the request after conducting its own inquiry into whether the waiver was knowing and voluntary, even though the prosecution had not raised the issue.
The phrase describes a court taking action on its own initiative without any party filing a motion or request. The Uniform Marriage and Divorce Act illustrates the power when it authorizes a court to continue a divorce matter and order counseling on its own motion.
Supporting sources
No. The authority permits the court to proceed regardless of party preference. Multiple uniform acts and procedural rules confirm that the court may act on its own motion even when a party objects or remains silent.
Supporting sources
…more than 12 reports (not counting any report referred to in paragraph (1) (B)) during any calendar year. If the Commission acts on its own motion under this paragraph with respect to a candidate or a political committee, such candidate or committee may obtain judicial review in accordance with the provisions of chapter 7 of Title…