Also known as:sponte sua · on its own motion · of its own accord
Written by attorneys · grounded in primary & secondary sources — see below
A court's power to take action without a request from any party.
Sources & Authorities
How it applies
Common Examples
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Divorce Conciliation Conference
Solomon Silver files for divorce and swears the marriage is irretrievably broken. Simone Sanders denies the breakdown under oath and asks for counseling. The court on its own motion orders a conciliation conference and continues the hearing for forty-five days to assess reconciliation prospects.
Independent Counsel Appointment
The Attorney General declines to request an independent counsel. The Special Division of the court nevertheless considers whether appointment is required and issues an order defining the counsel's jurisdiction without any party motion.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Restatements
Casebooks
Hornbooks
Study Supplements
Alexia Morrison, Independent Counsel v. Theodore B. Olson487 U.S. 654 (1988)
Fourth Amendment Claim Review
After a suppression hearing, the district court on its own motion raises whether the agents' warrantless search violated the Fourth Amendment even though neither party briefed the issue at that stage.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Corporate Expenditure Analysis
In reviewing campaign finance restrictions, the court on its own motion directs the parties to address whether independent corporate expenditures give rise to quid pro quo corruption even though the original briefs had not focused on that theory.
Citizens United v. Federal Election Commission558 U.S. 310, 352 (2010)
Statistical Evidence Evaluation
The district court on its own motion examines whether the defendant's statistical proof of racial bias in capital sentencing meets the required threshold, even though the parties had not squarely presented that precise question.
McCleskey v. Kemp481 U.S. 279 (1987)
Agency Rulemaking Remand
On appeal the court on its own motion considers whether the agency's environmental impact statement complied with statutory requirements and remands for further proceedings without any party having raised that specific compliance issue.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Common questions
Frequently Asked
4
Can a court raise lack of subject matter jurisdiction sua sponte?+
Yes. Federal courts have an independent obligation to determine whether subject matter jurisdiction exists even when no party has challenged it. If jurisdiction is lacking the court must dismiss the case at any stage.
Supporting sources
May a trial judge call a witness on its own motion?+
Yes. The Federal Rules of Evidence authorize a court to call a witness on its own initiative. Each party then retains the right to cross-examine that witness.
Does a court need a party motion to take judicial notice?+
No. A federal court may take judicial notice of an appropriate adjudicative fact on its own initiative provided the fact meets the indisputability standards of Rule 201.
Can a bankruptcy court dismiss a chapter 13 case sua sponte?+
Yes. Although the Code refers to dismissal on request of a party in interest, courts recognize an inherent authority to dismiss sua sponte to protect against abuses of jurisdiction.
Supporting sources
424 U.S. 1 (1976)Legislation and Regulation
…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…