What's an Omnibus Motion?
An omnibus motion is a type of legal motion in which multiple requests are bundled. Legal motions are an important part of legal procedure in most courts, allowing issues to be brought into the court in a systematic fashion. A motion can be introduced at any point during a trial, and the person who introduces it is known as a movant. A motion often includes a request, such as a motion asking for a decision in a case, a motion to request that the case be dropped, or a motion forcing the opposing party to supply evidence or information to the movant.
In an omnibus motion, the movant includes several requests. By bundling them together, time is saved both for the court and the movant. It is also hoped that if most of the requests are reasonable, all of the requests will be granted, even some of the controversial ones. Typically, omnibus motions are used as a tool at the beginning of a trial, in the form of an omnibus pretrial motion. Both sides may choose to file an omnibus motion, and some of the motions included in it may be formalities.
Common inclusions in an omnibus motion include a request for continuance, which will delay the legal proceeding in question, along with requests for dismissal, asking that the case be thrown out of court altogether due to lack of evidence or some other issue. An omnibus motion may also ask for a psychiatric evaluation of the defendant, request a pretrial 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 for the request may be included.
A judge decides whether or not to grant the requests in an omnibus motion. He may choose to reject part of the motion, or allow the entire motion to go through as is. Defense lawyers often use an omnibus motion as a delaying tactic, and the prosecution may do the same if it is still gathering evidence. However, the desire for speedy and accurate trials will eventually conflict with this practice, and a judge may indicate his or her desire to move forward despite requests for continuance or other delaying techniques.
The term “omnibus motion” is also sometimes used in the context of agendas for meetings. Typically, items which are not controversial will be bundled together into a group of items known as a consent motion. It is assumed that all of the items in the consent motion will be approved, and voting on them simultaneously as an omnibus motion will save time.
Written by S.E. Smith
