Commune · Savoirs
Sua sponte
Self-initiated by a court without an external request from anyone
In law, sua sponte (Latin: "of his, her, its, or their own accord") or suo motu/suo moto ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a judge without a prior motion or request from the parties.
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In law, sua sponte (Latin: "of his, her, its, or their own accord") or suo motu/suo moto ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a judge without a prior motion or request from the parties. The form nostra sponte ("of our own accord") is sometimes used 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 being taken by the court as a whole and therefore 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 their official capacities. 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 behalf without making a general appearance. Judges commonly act sua sponte when they determine 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.
Texte : Wikipédia en anglais, CC BY-SA 4.0. ·
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