Own Motion – a disposition made by a court or other tribunal during the course of a proceeding, without a party having requested it

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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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