Identifying and Responding to Decisions Issued Sua Sponte

In both trial and appellate courts, judges possess the authority to issue decisions sua sponte, meaning on their initiative, without a motion or briefing from the parties. While sometimes procedurally necessary, these unprompted rulings can significantly alter the trajectory of a case, catch counsel off guard, and present complex challenges on review.

This course equips attorneys with a comprehensive understanding of sua sponte decisions, including what they are, when courts may issue them, and the procedural and substantive rules that govern them. Participants will explore strategic approaches to minimize the risk of adverse sua sponte rulings and gain practical tools to respond when such decisions occur effectively.

Designed for both new and experienced practitioners, this program is especially valuable for appellate attorneys and litigators seeking to sharpen their procedural skills and anticipate judicial action outside the bounds of party-driven litigation.

Learning Objectives:

1. Evaluate what a sua sponte decision is and how to identify when one has been issued. 
2. Assess preventative measures to avoid a sua sponte decision.
3. Examine options to respond to a sua sponte decision, particularly in an administrative law context.