When may a court in an administrative case gather evidence on its own motion or decide a fact that no party has raised?
General information · Not legal advice
Material to check
In practice material of this kind, read the hearing minutes for any statement by the court that it would examine evidence on its own motion, each side's pleadings showing which facts were actually in dispute, and the judgment's reasoning on any fact neither side raised.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading makes necessity the gate: where the court 'deems it necessary', it 'may' conduct evidence investigation ex officio, and it may also decide a fact that no party has asserted, so what the parties leave out of their case does not by itself bound the court.
Another reading notes what the provision does not say: the necessity is found by the court alone, no notice to the parties is required by this text, and both powers are permissive rather than duties, so the provision leaves open when and how the court should use them.
Your judgment
If the judgment rests on a fact neither side pleaded, what in the record could show that the parties were able to contest it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to require notice to the parties before ex officio evidence investigation, or if a court decision sets out what necessity demands or what process is due before either power is used.