This page is continued from Motions >>>> Legal Terms generally pertaining to Motions:
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own motion:
1. A disposition made in a pending case by the court, without application made therefor by either party, as where a case is continued without application made therefor, because the judge is needed immediately for the trial of a case of first importance in another division of the court. [1]
1. A term referring to a disposition made by a court or other tribunal during the course of a proceeding, without a party having requested it. USAGE: “Neither the plaintiff nor the defendant requested a continuance; the judge put the case over until January on his own motion.“
See sua sponte. [2]
sua sponte:
1. [Latin “of one’s own accord; voluntarily”] Without prompting or suggestion; on its own motion <the court took notice sua sponte that it lacked jurisdiction over the case>. * A multimember court may use the form nostra sponte [Latin “of our own accord”] to distinguish its collective action from that of a single judge. — aka sponte sua. [3]
1. Upon his own responsibility; of his own motion. See own motion. [2]
1. See own motion. [1]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[2]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
[3]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
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