Standards to Review, Part 5: Sua Sponte

“[A]n uneasy conscience is a hair in the mouth.”

Mark Twain, The Complete Works of Mark twain: Mark Twain’s Notebook, New York; Harper & Brothers, 1935, Ch. XXXV, Closing Years, P. 392

         An appellate court is bound by rule and reason (and hopefully good conscience) to ponder only the issues that have been sufficiently laid before it. Its authority generally will extend only to those issues presented for review. Tenn. R. App. P. 13(b). An appellate court may, however, consider other issues upon their own motion, i.e., sua sponte.  One issue that it must consider, even if not raised by the parties, is subject-matter jurisdiction, Questions of finality are also considered by the Court of Appeals  regardless of whether that issue was presented by the parties or addressed below.

          An appellate court “may in its discretion consider other issues in order, among other reasons: (1) to prevent needless litigation, (2) to prevent injury to the interests of the public, and (3) to prevent prejudice to the judicial process.” Id. See also State v. Bristol, 654 S.W.3d 917, 926 (Tenn. 2022). Meaning that, while an Appellate Court can choose to review an unpresented issue, it must have solid reasons to do so.

         When an appellate court considers an issue that has not been properly presented, it should give the parties fair notice and an opportunity to be heard on the dispositive issues.