An omnibus motion is a legal motion that groups together multiple requests, saving time for both the judge and movant. It can be used at the beginning of a trial and may include requests for dismissal, psychiatric evaluation, or suppression of evidence. A judge decides whether to grant the requests, and it can be used as a delaying tactic. The term is also used in meeting agendas to group non-controversial items into a consent motion.
An omnibus motion is a type of legal motion in which multiple requests are grouped together. Legal motions are an important part of the legal procedure in most courts, allowing matters to be brought to court in a systematic way. A motion can be filed at any point during a trial, and the person who files it is known as the movant. A motion often includes a request, such as one asking for a decision in a case, one asking for the case to be dismissed, or one requiring the opposing party to provide evidence or information to the movant.
In an omnibus moto, the movant includes several requests. By grouping them together, it saves time for both the judge and the movant, and it is also hoped that, if most of the requests are reasonable, all requests will be granted, even some of the controversial ones. Typically, such motions are used as a tool at the beginning of a trial, in the form of an omnibus pretrial motion. Either side may choose to file one, and some of the motions included in it may be formalities.
Common inclusions in such a motion include a request to continue, which will delay the legal proceeding in question, along with requests to be dismissed, requesting that the case be dismissed out of court altogether due to lack of evidence or some other issue. It can also require a psychiatric evaluation of the defendant, require a pre-trial conference, lobby for a change of venue, or be used to suppress evidence by one side or the other. Depending on the motion, a brief explanation of the request may be included.
A judge decides whether or not to grant requests with an omnibus motion. He can choose to deny part of the motion or allow the entire motion to go forward as-is. Defense attorneys often use the motion as a delaying tactic, and the prosecution may do the same if it’s still gathering evidence. The desire for speedy and accurate trials will ultimately conflict with this practice, however, and a judge may indicate his desire to move forward despite requests for continuation or other adjournment techniques.
The term “omnibus motion” is also sometimes used in the context of meeting agendas. Typically, items that are not controversial will be grouped into a group of items known as a motion of consent. It is assumed that all elements of the consent motion will be approved and voting on them at the same time will save time.
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