Remedial Law
Updated 23rd May 2025
Omnibus Motion Rule
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- Definition: A motion attacking a pleading, order, judgment, or proceeding must include all objections then available.
- Purpose: It aims to prevent multiplicity of motions and discourage dilatory motions and pleadings. Parties should not reiterate identical motions.
- Effect of Non-inclusion: All objections available at the time the motion is filed but not included are deemed waived.
- Exceptions to Waiver: Certain grounds are not waived even if not included in the motion, subject to Rule 9, Section 1. These non-waivable grounds appearing from the pleadings or evidence are:
- Lack of jurisdiction over the subject matter.
- Another action pending between the same parties for the same cause (litis pendentia).
- The action is barred by a prior judgment (res judicata).
- The action is barred by the statute of limitations or prescription.
- Application to Motion to Dismiss: A motion to dismiss attacks a pleading and is an omnibus motion covered by this rule. If a motion to dismiss is filed, available grounds not included are waived and cannot be raised later as affirmative defenses in the answer.
- Difference when no motion to dismiss is filed: If no motion to dismiss is filed, the grounds for dismissal under Rule 16 may be pleaded as affirmative defenses in the answer, and no defense is waived.
- Specific Context: The omnibus motion rule applies to motions to quash search warrants, but objections not available, existent, or known during the quashal proceedings may be raised later.