207 Pa. Code Rule 411. Omnibus Motion.

OMNIBUS MOTION FOR RELIEF; REPLY; ANSWER

Rule 411. Omnibus Motion.

(A)  All motions, challenges, and applications or requests for an order or relief on behalf of the Judicial Officer shall be consolidated in one written motion, except as otherwise provided in these rules, or as permitted by the Conference Judge. The omnibus motion shall be filed no later than 30 days of the service of the Board Complaint.
(B)  The motion shall state with particularity the grounds for the motion, the facts that support each ground, and the type of relief or order requested. The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.
(C)  If the motion sets forth facts that do not already appear of record, it shall be verified by the Judicial Officer subject to the penalties for unsworn falsification to authorities under the Crimes Code, 18 Pa.C.S. §  4904.
(D)  The Judicial Officer may challenge the validity of the charges on any legal ground including:
   (1)  that the facts charged do not constitute misconduct;
   (2)  that the Board or the Court is without jurisdiction;
   (3)  that the Board violated the procedures governing it; or
   (4)  that the charges do not provide sufficient notice of the allegations to be defended against.
(E)  The failure, in any motion, to request a type of relief or order, or to state a ground therefor, may constitute a waiver of such relief, order, or ground.

Source

   The provisions of this Rule 411 adopted March 16, 1994, effective March 16, 1994; amended May 31, 1994, effective May 31, 1994; amended January 24, 2002, effective immediately, 32 Pa.B. 733; amended July 16, 2002, effective immediately, 32 Pa.B. 3698. Immediately preceding text appears at serial page (286927).

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