Sua Sponte

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.