Section 346. Omnibus Motion for Relief

Unless otherwise required in the interests of justice, all pre-adjudicatory requests for relief shall be included in one omnibus motion filed prior to the adjudicatory hearing.

Comment

Types of relief appropriate for the omnibus motion include the following requests:

(1) for continuance;

(2) for separate or joint adjudicatory hearings;

(3) for suppression of evidence;

(4) for psychiatric examination;

(5) to dismiss a petition;

(6) to disqualify a judge;

(7) for appointment of investigator; and

(8) for pre-adjudicatory hearing conference.

The omnibus motion rule is not intended to limit other types of motions, oral or written, made pre-adjudication or during the adjudicatory hearing, including those traditionally called motions in limine, which may affect the admissibility of evidence or the resolution of other matters. The earliest feasible submissions and rulings on such motions are encouraged.

For instances when the court is to recuse itself, see Code of Judicial Conduct. Recusal is necessary when there is bias, prejudice, improper influence, or appearance of impropriety. Commonwealth v. Benchoff, 700 A.2d 1289 (Pa. Super. Ct. 1997).

Official Note

Rule 346 adopted April 1, 2005, effective October 1, 2005.