Principle

APPELLATE PRACTICE — Issue Raised Suo Motu by Court — Fresh Point Requiring Leave

Area of law
APPELLATE PRACTICE
Court
Supreme Court

A fresh point raised by the court suo motu does not require leave. The principle applies to appellate practice. The court may raise issues on its own motion. The rule promotes judicial efficiency. However, parties must be heard before decision. The principle is well-established.

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.