certificate of conference requirement

A CERTIFICATE OF CONFERENCE IS REQUIRED WITH ALL MOTIONS REQUESTING A HEARING. The purpose of a Certificate of Conference is to ensure counsel and parties are communicating with one another.  It is the Court's hope that counsel will work to agree on matters that they can agree on without the Court's intervention.  It is also the Court's desire that counsel attempt to coordinate setting dates and times that are mutually acceptable to both parties thus minimizing the necessity for resets or changes in setting dates and times.  This Court stives to make sure settings are for matters truly needing Court intervention and the date and times set will be used for your case.  The Court tries to avoid setting multiple cases for the same time slot creating uncertainty in whether a case will truly be heard at that time or not.  

To that end, if the 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.

A “Certificate of Conference” shall mean the appropriate one of the following three

paragraphs (verbatim):

  1. “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.  Certified to the _____ day of ______________, 20____, by __________________.”
  2. “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. Certified to the _____ day of _____________, 20____, by ______________.”
  3. ”Counsel for movant has personally attempted to contact counsel for respondent on at least one occasion. An emergency exists of such a nature that further delay would cause irreparable harm to the movant, as follows: (Dates, times, method of contact, result, details of emergency and harm). Certified to the _____ day of ______________, 20____, by __________________.”

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 Certificate of Conference as one would a Certificate of Service or other certifacte required by a motion.

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