词条 | Sua sponte |
释义 |
In law, sua sponte (Latin: "of his, her, its or their own accord") or suo motu ("on its own motion")[1] 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 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 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. Notable cases
Other uses
See also
References1. ^{{cite web|title=(See--> Paragraph 26) Political Parties Dispute Tribunal & another v Musalia Mudavadi & 6 others Ex Parte Petronila Were [2014] eKLR|url=http://kenyalaw.org/caselaw/cases/view/103475/|publisher=The National Council for Law Reporting (Kenya Law) 17-11- 2014|accessdate=6 December 2014}} {{Italic title}}2. ^{{Cite court |litigants = Carlisle v. United States |vol = 517 |reporter = U.S. |opinion = 416 |pinpoint = |court = Supreme Court of the United States |date = 1996 |url= http://supct.law.cornell.edu/supct/html/94-9247.ZS.html}} 3. ^{{Cite court |litigants = Trest v. Cain |vol = 522 |reporter = U.S. |opinion = 87 |pinpoint = |court = Supreme Court of the United States |date = 1997 |url= http://supct.law.cornell.edu/supct/html/96-7901.ZO.html}} 4. ^Karachi violence suo motu: Supreme Court to resume proceedings from today – The Express Tribune 5. ^SC reserves verdict in POL GST suo motu case | Pakistan Today | Latest news | Breaking news | Pakistan News | World news | Business | Sport and Multimedia 6. ^Pakistan court takes suo motu notice of Hazara killings - The Hindu 7. ^Daily Times - Leading News Resource of Pakistan 8. ^Pak`s CJ takes suo motu notice of illegal CNG licences 9. ^The power of suo motu – The Express Tribune 10. ^{{cite web|url=http://www.ranger.org/page-593596|website=US Army Ranger Association|accessdate=29 March 2015}} 11. ^ 1 : Latin legal terminology |
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