We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Procedures

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What Does "Suo Moto" Mean?

Leigia Rosales
By
Updated: May 16, 2024

Many legal systems throughout the world retain the use of Latin words or phrases that originated centuries ago in the legal system of ancient Rome. The term "suo moto" is one of those terms. Literally translated, it means "on its own motion," and the term generally refers to a situation wherein a judge acts without request by either party to the action before the court.

Under normal proceedings before a court, a judge's role is to direct the proceedings and act on motions filed. When a party to a court case wants the judge to rule on an issue or make a decision regarding something pertinent to the case, he files a motion with the court. The opposing party then has an opportunity to respond to the motion before the judge rules on it. In some cases, a judge acts suo moto, meaning without one of the parties' asking her to do so.

One common example of when a judge may act in this way is when she decides that she does not have personal or subject matter jurisdiction over the case before him or her. In other words, the judge decides that she does not have the legal authority to preside over the case. In that case, the judge may make a motion, without either party asking him or her to do so, moving the case to another jurisdiction or dismissing the case for lack of jurisdiction.

A judge may also act suo moto in a domestic case, such as a divorce or child custody case. Often, minor children are the subject of a domestic or family law case that comes before a judge. When the parents are battling over custody of the minor children and the judge feels that the best interest of the children is being overlooked, she may move to appoint a guardian ad litem. This person's role in the judicial system is to represent the best interests of the child throughout the proceedings.

In a criminal case, a judge may act on her own as well. She may decide that a jury instruction is necessary that was not requested by the parties, for example, or request that the jury members be polled to assure her that the verdict was unanimous.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Leigia Rosales
By Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she crafts compelling content that informs and engages readers. Her ability to understand complex topics and communicate them effectively makes her a valuable asset to any content creation team.
Discussion Comments
By anon331970 — On Apr 26, 2013

Suo Moto is a term widely used in the Pakistani legal system and widely applied by the Supreme Court of Pakistan. Whereas the history of this term indicates that a judge acts on his own motion when he feels that he is unable to decide a case impartially, and makes a request for transfer of the case to some other judge, in Pakistan, suo moto is used by the Supreme Court to initiate a trial of any case of public importance on its own motion.

By Sinbad — On Aug 18, 2011

@snickerish - I am not sure about how often the legal term of suo moto is actually used in the justice system as I myself do not have a career in that field; but had recently seen 'suo moto' in the news.

The reason the term was in the news was because the Supreme Court of another country, I think, India had exercised suo moto. Because it was in the news a ton, I would imagine that this is an uncommon thing to happen at the Supreme Court level but that is just my assumption.

By snickerish — On Aug 17, 2011

I am not overly knowledgable about the justice system so I was curious to know if the suo moto action typically occurs in more local or state courts versus the Supreme Court?

Leigia Rosales
Leigia Rosales
Leigia Rosales is a former attorney turned freelance writer. With a law degree and a background in legal practice, she...
Learn more
Share
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.