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Sua Sponte
Sua sponte, Latin for "of one's own accord," is a legal term that means to act spontaneously without prompting from another party. The term is usually applied to actions by a judge, taken without a prior motion or request from the parties.
One situation when a party might encourage a judge to move sua sponte is 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.
Sua sponte administrator removal
In the case of In re Estate of Washington, 262 S.W.3d 903 (Tex. App.?Texarkana 2008, no pet. h.), the trial court on its own motion removed the administrator for failing to file required accountings under Probate Code § 222(b)(2)...
May court disqualify an executor sua sponte?
In the case of In re Estate of Gaines, 262 S.W.3d 50 (Tex. App.?Houston [14th Dist.] 2008, no pet. h.), the person designated by Testatrix as her independent executrix probated Testatrix?s will and asked to be appointed as the independent...
MT: Appellate court can apply inevitable discovery sua sponte
An appeals court can apply the inevitable discovery doctrine on its own motion. Inevitable discovery is similar to harmless error...
Ninth Circuit Overturns Sua Sponte Class Certification
Last week the Ninth Circuit overturned a district court judge's sua sponte class certification in Bonlender v. American Honda Motor Co...
Court Reviews Sua Sponte Judgment on the Pleadings De Novo
In Medlock et al. v. Safeway Ins. Co., No. 1071303 (Ala. Jan. 30, 2009), the Alabama Supreme Court reviewed de novo the judgment that the trial court entered in a declaratory judgment action before the plaintiff insurance company filed a motion for summary judgment...
Judge Enters Sua Sponte Orders in Ted Stevens Case
Former Alaska Senator Ted Stevens' criminal conviction is history, but the Judge is still going. Today (yes on Sunday) Judge Emmett Sullivan entered two orders (available on PACER): MINUTE ORDER as to THEODORE F...
















