Sua sponte
Encyclopedia
In law
, sua sponte (Latin
: "of his, her, its or their own accord.") describes an act of authority taken without formal prompting from another party
. The term is usually applied to actions by a judge
taken without a prior motion
or request from the parties. The form nostra sponte (of our own accord) is sometimes used by the court itself, when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge (third parties describing such actions would still refer to them as 'sua sponte'). While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in official capacity.
One situation in which a party might encourage a judge to move sua sponte occurs when that party is preserving a special appearance
(usually to challenge jurisdiction
), and therefore cannot make motions on its own behalf without making a general appearance. Common reasons for an action taken sua sponte are when the judge determines that the court does not have subject-matter jurisdiction
or that the case should be moved to another judge because of a conflict of interest
, even if all parties disagree.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, sua sponte (Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
: "of his, her, its or their own accord.") describes an act of authority taken without formal prompting from another party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
. The term is usually applied to actions by a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
taken without a prior motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
or request from the parties. The form nostra sponte (of our own accord) is sometimes used by the court itself, when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge (third parties describing such actions would still refer to them as 'sua sponte'). While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in official capacity.
One situation in which a party might encourage a judge to move sua sponte occurs when that party is preserving a special appearance
Special appearance
A special appearance is a term used in the American law of civil procedure to describe a civil defendant's appearance in the court of another state solely to dispute the personal jurisdiction of the court over that defendant...
(usually to challenge jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
), and therefore cannot make motions on its own behalf without making a general appearance. Common reasons for an action taken sua sponte are when the judge determines that the court does not have subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
or that the case should be moved to another judge because of a conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
, even if all parties disagree.
Notable cases
- Carlisle v. United States 517 U.S. 416 (1996) - The Supreme Court of the United StatesSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that a district courtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
could not move sua sponte to grant a judgment of acquittalAcquittalIn the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
(notwithstanding the verdictJudgment notwithstanding verdictJudgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law that is ordered at the conclusion of a jury trial....
) to remedy the late filing of the equivalent motion. - Trest v. Cain 522 U.S. 87 (1997), 94 F.3d 1005 - The United States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Fifth CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
moved sua sponte to reject a habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
claim because of procedural default, citing an obligation to do so. The Supreme Court ruled that this was not obligatory, but declined to rule whether it was permitted.
Other uses
- The 75th Ranger Regiment (United States Army RangersUnited States Army RangersUnited States Army Rangers are elite members of the United States Army. Rangers have served in recognized U.S. Army Ranger units or have graduated from the U.S. Army's Ranger School...
) uses Sua Sponte as their regimental motto, referring to the Rangers' ability to accomplish tasks with little to no prompting and to recognize the fact that a Ranger volunteers three times; for the Army, for Airborne School, and for the Ranger Regiment. - The Fenn School in Concord, MassachusettsConcord, MassachusettsConcord is a town in Middlesex County, Massachusetts, in the United States. As of the 2010 census, the town population was 17,668. Although a small town, Concord is noted for its leading roles in American history and literature.-History:...
uses Sua Sponte as its school motto usually seen written in a furled banner beneath an engraving of the famous Daniel Chester FrenchDaniel Chester FrenchDaniel Chester French was an American sculptor. His best-known work is the sculpture of a seated Abraham Lincoln at the Lincoln Memorial in Washington, D.C.-Life and career:...
The Concord Minute Man of 1775 statue.