Also known as: sua sponte · on its own motion
Written by attorneys · grounded in primary & secondary sources — see below
A judicial power to initiate or order action without a party's motion. The authority exercises this power when statutes or rules permit the court to act sua sponte to advance proceedings, protect interests, or ensure fairness.
Nadine denied under oath that her marriage to Grace was irretrievably broken and asked for time to pursue counseling. The family court judge, acting on the court's own motion, continued the matter for a hearing between thirty and sixty days later and directed the parties to attend a conciliation conference. At the adjourned hearing the court will determine whether the marriage has broken down.
Shareholder Paige Porter filed a derivative suit against Paragon Construction. The trial judge, acting on the court's own motion, ordered that any motion to dismiss under the special committee procedure be filed within forty-five days so the litigation could proceed efficiently.
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Preston Pratt was charged with assault. After observing erratic behavior at arraignment, the trial judge on the court's own motion suspended proceedings and committed Pratt to a mental health facility for evaluation of fitness to proceed.
Phoenix Technologies filed for bankruptcy. The district judge, acting on the court's own motion, withdrew the proceeding from the bankruptcy court because resolution required interpretation of federal statutes regulating interstate commerce.
Paul Peterson was appointed guardian for his minor niece. The probate court, acting on its own motion, limited the guardian's authority over educational decisions to encourage the child's developing self-reliance.
In a child custody dispute between Portia Price and Pablo Perez, the court on its own motion ordered that testimony from an out-of-state witness be taken by deposition and prescribed the terms for the examination.
Under UMDA section 305(b)(2) a court may continue a divorce matter for further hearing and suggest counseling on its own motion when one party denies under oath that the marriage is irretrievably broken. The court may also order a conciliation conference at the request of either party or on its own motion.
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No. The power allows the court to proceed without a motion from any party. Statutes and rules that grant the power expressly authorize the court to act on its own initiative.
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A party's motion requires the moving party to request relief and meet procedural requirements. Proprio motu authority permits the court to raise and decide the matter independently, often to protect systemic interests or ensure fairness.
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…intermediate appellate court of Ohio affirmed his conviction without opinion. The Supreme Court of Ohio dismissed his appeal, sua sponte , “for the reason that no substantial constitutional question exists herein.” It did not file an opinion or explain its conclusions. Appeal was taken to this Court, and we noted probable…