Legal Definitions - mero motu

Mero motu is a Latin legal term that translates to "on its own motion" or "of one's own accord." In legal contexts, it refers to an action taken by a court, tribunal, or other authority without a formal request or application from any of the parties involved in a case or matter. Essentially, it means the body initiates the action independently, based on its own assessment or discretion.

Here are some examples to illustrate this concept:

• Example 1: Judicial Review of Procedural Fairness

  Imagine a civil lawsuit where both parties have presented their arguments. During the judge's review of the case files, she notices a significant procedural irregularity – for instance, a critical piece of evidence submitted by one party was not properly disclosed to the other side, potentially violating due process. Even though neither the plaintiff nor the defendant has raised this issue, the judge might, mero motu, order a new hearing or instruct the parties to rectify the disclosure error. This action is taken by the judge on her own initiative to ensure the fairness and integrity of the legal process, rather than in response to a motion filed by a litigant.

• Example 2: Appellate Court Addressing a Fundamental Legal Error

  Consider a case that has been appealed to a higher court. While reviewing the lower court's decision, the appellate judges might identify a fundamental error in law that was not explicitly argued or highlighted by the lawyers for either side during the appeal. For example, the lower court might have applied an outdated statute or misinterpreted a foundational legal principle. The appellate court could then, mero motu, decide to address this legal error and potentially overturn or modify the lower court's ruling, even if the parties themselves did not specifically request a review of that particular point. Their action stems from their inherent duty to uphold justice and correct significant legal mistakes.

• Example 3: Regulatory Body Initiating an Investigation

  A government environmental protection agency might receive general reports or observe trends indicating potential widespread pollution in a specific industrial sector. Without a formal complaint filed by an individual citizen or organization against a particular company, the agency could, mero motu, decide to launch a comprehensive investigation into the practices of several companies within that sector. This proactive step is taken by the agency on its own initiative to fulfill its mandate of protecting the environment, rather than waiting for a specific complaint to trigger its action.