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Latin. Mere motion of a party's own free will. From a person's own will, without any suggestion or restraint. To prevent injustice, the courts will, ex mero motu, make rules and orders which the parties would not strictly be entitled to ask for. On the court's own motion; sua sponte.
“Subject-matter jurisdiction cannot be waived, and the lack of subject-matter jurisdiction may be raised at any time by a party or by a court ex mero motu.” Ex parte Punturo, 928 So.2d at 1033 (citing Greco v. Thyssen Mining Constr., Inc., 500 So.2d 1143 (Ala.Civ.App.1986)). “A judgment issued by a trial court without jurisdiction is a nullity.” 928 So.2d at 1034 (citing Ex parte Hornsby, 663 So.2d 966 (Ala.1995)).
