certificate of conference requirement


If a motion will be opposed or is not agreed to, counsel for a party shall not file, nor shall the clerk accept for filing, any motion, except a Motion for Summary Judgment, a Plea to the Jurisdiction, Motions for Default Judgment, Motions for Voluntary Dismissal, Nonsuit, Motions for New Trial, and Motions Involving Service of Citation or other motion that would be dispositive of the case, unless accompanied with a “Certificate of Conference” signed by counsel for movant in one of the forms set out below. The Court Coordinator will not set any motion for hearing until the Court has received a Certificate of Conference or the Motion/Order meets one of the exceptions.

If a motion is unopposed or is agreed to, a Certificate of Conference is not required, however, the moving party shall accompany the motion with a proposed order signed by all counsel indicating approval of same and include "AGREED" or "UNOPPOSED" in the title. 

To comply with the requirements of a Certificate of Conference, movant shall attempt to contact counsel for the respondent to hold or schedule a conference to resolve the disputed matters. Unless an emergency exists, counsel for the movant shall make at least three (3) attempts to contact counsel for the respondent. The attempts shall be made during regular business hours on at least two separate business days.

If an opposing counsel/party fails to respond to movant's request for conference, movant should select 3 dates of their choosing from the Court's Calendar and include them in their setting request.  the Court will set the hearing from those dates regardless of opposing counsel's objections.

This form may be used for the Certificate of Conference in a family law case and this form may be used in all other civil cases OR counsel may include the appropriate language from below as one would a Certificate of Service or other certificate required by a motion.

Choose the the appropriate language from the following four paragraphs:

  • Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters presented. Counsel have further conferred and (___do)(___do not) agree to the setting dates listed in the Setting Request.
  • Counsel for movant has personally attempted to contact the counsel for respondent to resolve the matters presented as follows: (Dates, times, methods of contact, results). Counsel for the movant has caused to be delivered to counsel for respondent, and counsel for respondent has received a copy of the proposed motion. At least three (3) attempts to contact the counsel for respondent followed the receipt by counsel for respondent of the proposed motion. Counsel for respondent has failed to respond or attempt to resolve the matters presented. 
  • An emergency exists of such a nature that further delay by contacting opposing party would cause irreparable harm to the movant, as follows: (details of emergency and harm justifying inability to contact opposing counsel or party)
  • Other reason Counsel/Party is unable to discuss the setting and matter addressed by the Motion with opposing counsel/party: (describe reason movant can not contact opposing counsel/party)

A Certificate of Conference may be waived by the Court for good cause.