Also known as: proprio motu · sua sponte · on its own motion
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase describing a court's authority to act on its own initiative without a request from any party. The phrase authorizes judicial action when statutes or rules permit the court to proceed sua sponte to advance the proceeding or protect an interest identified in the governing provision.
Elliot Edmonds filed for divorce and testified that the marriage had irretrievably broken. His spouse Elise Everly denied the breakdown under oath and presented evidence of recent counseling. The court, acting ex proprio motu, continued the matter for a further hearing between thirty and sixty days later and suggested the parties seek counseling before making a final finding on irretrievable breakdown.
Eastern Electric challenged an agency rule in federal court. After reviewing the record the court determined on its own motion that the agency had failed to consider an obvious alternative and remanded the matter for further proceedings without any party requesting that step.
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Elijah Edwards sought treatment from a university therapist. The court, acting ex proprio motu during the ensuing litigation, directed the therapist to warn the identified potential victim even though neither party had moved for that specific relief.
Eduardo Enriquez was excluded from taking his congressional seat. The court on its own motion addressed the justiciability of the exclusion claim and proceeded to adjudicate the constitutional question without awaiting a party motion.
Echo Systems obtained a final judgment in a securities case. Years later the court, acting ex proprio motu, refused to reopen the judgment on grounds that doing so would violate separation-of-powers principles even though no party had raised the constitutional objection.
Emanuel Escobar appeared for trial on criminal charges and declined appointed counsel. The court on its own motion conducted a colloquy to determine whether the waiver of counsel was knowing and voluntary before permitting self-representation.
When one spouse denies under oath that the marriage is irretrievably broken the court must consider all relevant factors including prospects for reconciliation. It may then continue the matter for a further hearing and suggest counseling or order a conciliation conference on its own motion.
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Yes. The Federal Rules of Evidence authorize the court to call a witness on its own motion. Each party retains the right to cross-examine the witness called in this manner.
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Yes. Federal Rule of Evidence 201(c)(1) expressly permits a court to take judicial notice on its own motion when the fact is not subject to reasonable dispute and meets the accuracy requirements of the rule.
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Yes. Section 7.44(e) authorizes the court on its own motion or on motion of any party to order that a motion to dismiss a derivative proceeding be made within a specified reasonable time.
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…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…