Also known as: sua sponte · on its own motion
Written by attorneys — see sources 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.
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.
Theon Jackson is a mentally defective deaf mute with a mental level of a pre-school child. He cannot read, write, or otherwise communicate except through limited sign language. In May 1968, at age 27, he was charged in the Criminal Court of Marion County, Indiana, with separate robberies of two women that had occurred the preceding July, involving property valued at four dollars and five dollars respectively. As the statute requires, the court appointed two psychiatrists to examine Jackson. A competency hearing was subsequently held at which petitioner was represented by counsel. At the hearing, the court received the doctors' joint report concluding that Jackson was unable to understand the nature of the charges or participate in his defense due to his communication skills, hearing loss, and mental deficiency. The doctors testified that it was extremely unlikely Jackson could ever develop the necessary skills, and the interpreter testified that Indiana had no facilities that could help someone in Jackson's condition. The trial court found that Jackson lacked comprehension sufficient to make his defense and ordered him committed to the Indiana Department of Mental Health until certified sane. Jackson's counsel filed a motion for a new trial arguing that the commitment amounted to a life sentence without conviction and deprived him of constitutional rights, but the trial court denied the motion. The Supreme Court of Indiana affirmed the denial. The United States Supreme Court granted certiorari. By the time of the Supreme Court's consideration, Jackson had been confined for three and one-half years on the basis of the incompetency finding.
View casePhoenix 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…