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Omnibus Motion Rule

The Omnibus Motion Rule requires that any motion attacking a pleading, judgment, order or proceeding must include all grounds for objection available at that time. Any objections not included are deemed waived, except for objections regarding lack of jurisdiction, another pending case, prior judgment, or statute of limitations. For example, a motion to dismiss a complaint must raise all available objections, and any objections not raised cannot be invoked later in an answer.

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208 views1 page

Omnibus Motion Rule

The Omnibus Motion Rule requires that any motion attacking a pleading, judgment, order or proceeding must include all grounds for objection available at that time. Any objections not included are deemed waived, except for objections regarding lack of jurisdiction, another pending case, prior judgment, or statute of limitations. For example, a motion to dismiss a complaint must raise all available objections, and any objections not raised cannot be invoked later in an answer.

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Kaitlynne Reyes
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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18 – Omnibus Motion Rule

The Omnibus Motion Rule is a procedural principle which requires that every motion
that attacks a pleading, judgment, order or proceeding shall include all grounds then
available, and all objections not so included shall be deemed waived. The decision of
the lower court is valid if a party did not object to the absence of a trial when it sought a
reconsideration of the said decision.

This rule is embodied in Rule 15, Section 8, of the Rules of Court reads as follows:
Sec. 8. Omnibus motion. — A motion attacking a pleading or a proceeding shall include
all objections then available, and all objections not so included shall be deemed waived.

However, under Section 1 (2), Rule 9 of the Rules of Court, the following objections are
not deemed waived even if not pleaded in the motion to dismiss or in the answer:
1. That the court has no jurisdiction over the subject matter;
2. That there is another action pending between the same parties for the same
cause (litis pendencia);
3. That the action is barred by a prior judgment (res judicata); and
4. That the action is barred by the statute of limitations (prescription).

A motion to dismiss is a typical example of a motion subject to the omnibus motion rule,
since a motion to dismiss attacks a complaint which is a pleading. A motion to dismiss
must invoke all objections which are available at the time of its filing. If the objection
which is available at the time is not pleaded in the motion, that, ground is deemed
waived. It can no longer be invoked as an affirmative defense in the answer which the
movant may file following the denial of his motion to dismiss (Sps. De Guzman vs.
Ochoa).

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