Latin Lovers – Spring Edition

 

Latin Lovers    Spring Edition

    As a rule the judges in our civil courts generally do not act without being asked to do so, and typically a judge is asked to act either by motion or petition, either in writing or sometimes orally in open court.

    Occasionally, however, in the interest of justice, a judge will act without having been asked to do so by either side.   In these cases the court is said to be acting sua sponte.   Literally, the term means voluntarily or spontaneously, suggesting that the court is acting without prompting or suggestion. 

    A good example of a judge acting in this manner is where facts come to light in open court showing that the court lacks jurisdiction over the subject matter or one of the parties.   Upon becoming aware of this a judge will often dismiss the matter sua sponte since, absent jurisdiction, it would be improper to proceed even if none of the litigants raises the issue. 
 
— BBC&B

 

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