Sentences with phrase «sua sponte»

The Executive Officer of the D.C. Superior Court responded by letter to an inquiry from the Chair of the D.C. Council's Judiciary Committee that «the act does not specify who has the obligation of raising the issue of domestic violence, and does not obligate the court to raise the issue sua sponte.»

That did not occur in this case, and the district court erred by entering a sua sponte mutual protection order against Kimberly ---- we further note that the court also entered the order without providing Kimberly with a hearing

These provisions can not be waived or forfeited and may be raised at any time, including sua sponte, by the reviewing court.

Small v. State, 736 N.E. 2d 742, 746 (Ind. 2000)(observing «a trial court has no affirmative duty to admonish a jury sua sponte as to such evidentiary matters»).

sua sponte: Latin: «Of one's own accord.»

Further, upon motion of the parties or sua sponte, the Court may add or dismiss parties or claims in accordance with the Rules of the Court.

I consider, therefore, that, when there was a plea to the jurisdiction of the Circuit Court in a case brought here by a writ of error, the first duty of this court is sua sponte, if not moved to it by either party, to examine the sufficiency of that plea, and thus to take care that neither the Circuit Court nor this court shall use the judicial power of the United States in a case to which the Constitution and laws of the United States have not extended that power.

Acting sua sponte and providing no reasoned explanation, the three judges dismissed Judge Scheindlin from presiding over the stop and frisk cases altogether, summarily concluding that she had «compromised» the «appearance of [im] partiality» surrounding the litigation.

Expanding an institution decision to include all challenges is plainly consistent with the Supreme Court's requirement, but it remains to be seen where the Board finds support for authority to revoke its own institution decisions sua sponte.

Wannamaker stands for the proposition that once outside the ten day period after the final order is filed, the family court lacks jurisdiction to sua sponte modify that order.

Our win against LG included the first award of damages for willfulness in a standard - essential patent case, which also included a sua sponte enhancement by the Court.

(b) When the petitioner does not challenge the patentability of a proposed amended claim, or the Board thinks the challenge is inadequate, may the Board sua sponte raise patentability challenges to such a claim?

But other Latinisms are quite avoidable: ab initio (from the start), arguendo (for the sake of argument), inter alia (among other things), gravamen (crux, gist), res gestae (things done), sua sponte (on its own), sui generis (unique), and vel non (or not, or the lack of (it, them)-RRB-.

The judge may do so sua sponte or at the request of opposing counsel.

The inclusion of a copy of this notice will be treated as a representation that the delay in payment of the maintenance fee was due to the effects of Hurricane Katrina and as a request for sua sponte a waiver of the surcharge under 37 CFR 1.20 (i).

In addition, sequestration of the jury was something the judge should have raised sua sponte with counsel.

A helpful reader alerted me to the fact that, late last year, the Second Circuit decided (apparently sua sponte) to consider en banc the case of US v. Cavera (05 - 4591).

I personally witnessed something similar in California, where a judge issued a lengthy and thoughtful decision post-trial, then sua sponte reversed herself two weeks later.

The litigant who had won after trial and then lost on the second opinion went to the Presiding Judge who must have taken action, as the reversal of the original decision was suddenly (and sua sponte) vacated, leaving the original decision to stand.

He ruled, sua sponte, that the statute was unconstitutional and void for vagueness because it was not written «in language that the people upon whom it is designed to operate or whom it affects can understand» because it essentially required a borrower to apply an algebraic formula to determine the legality of the rate he or she was being charged.

On the very first day of hearings in the case In Re: Lithium Ion Batteries Antitrust Litigation, Judge Rogers of the Northern District Court of California, Oakland division, sua sponte and without any precipitating incident, announced from the bench that she wouldn't tolerate less than a high level of civility in her courtroom, and asked attorneys from both sides to meet together and draft a professional code of conduct that they would abide by during the proceedings.

However, a defence based on article V (1)(d) must be raised by «the party against whom [the award] is invoked», whereas courts may raise sua sponte possible grounds based on article V (2)(b).

But Attorney General Jeff Sessions stepped into the case sua sponte and assigned it to himself for review, a power that the attorney general has over the immigration courts.

On March 9, SFL says, Judge James Lawrence King entered — sua sponte — a default against Wachovia for failing to file a response to plaintiff's Amended Complaint in the case.

Democratic candidate for lieutenant governor Tim Wu today condemned rival candidate Kathy Hochul's record on immigration issues, while sua sponte endorsing John Liu in his state senate primary.