Lack of subject matter jurisdiction may be raised by the court sua sponte.

• A. True
• B. False
• C. Only after a party raises it
• D. Only on appeal

Answer: (A)

Subject matter jurisdiction concerns the court’s power to hear a particular kind of case. Because this is about the court’s authority, it cannot be created or waived by the parties’ agreement or actions. The court itself can raise lack of subject matter jurisdiction on its own initiative—sua sponte—at any stage of the proceedings, including before the parties have raised anything or even on appeal. This ensures the court does not proceed in a case where it has no authority to decide.

So saying the court may raise lack of subject matter jurisdiction sua sponte is correct. It isn’t limited to after a party raises the issue, nor restricted to appeal only.