Eighth Judicial Circuit of Florida, Alachua, Baker, Bradford, Gilchrist, Levy and Union Counties Pre-Motion Conference Requirements

CRITICAL

Before scheduling a discovery-motion hearing, moving counsel must confer with opposing counsel and contemporaneously file a certificate describing the good-faith effort and its unsuccessful result.

More specifically, prior to scheduling any hearings on discovery motions, including, but not limited to, motions to compel, motions for protective orders, motions for sanctions, motions for extensions of time, etc., counsel for the moving party shall confer with counsel for the opposing party and thereafter file with the Clerk of the Court, contemporaneously with the discovery motion, a statement certifying that counsel has personally conferred with opposing counsel in a good faith effort to resolve by agreement the issues raised, without court intervention, and that counsel have been unable to do so.

CRITICAL

The office will not provide hearing dates for a motion lacking a certificate of good faith filed with or separately from the motion.

Our office is unable to provide you with any hearing dates on your Motion if your Motion does not contain (or you have not filed separately) a certificate of good faith as required by the rules.

CRITICAL

Before filing a motion, the moving party must make a good-faith effort to confer with opposing counsel; stating that counsel was unavailable does not satisfy that duty.

before filing a motion, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion. A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer.

CRITICAL

After filing, the moving party must promptly contact opposing counsel and supplement the motion with the outcome of further conferral; non-moving counsel must promptly respond to a meet-and-confer request and provide availability.

The moving party retains the duty to contact opposing counsel expeditiously after filing and to supplement the motion promptly with a statement certifying whether or to what extent the parties have resolved the issue(s) presented in the motion. Counsel for the non-moving party is obligated to promptly reply to a ‘meet-and-confer’ request and to provide availability for such conference.

CRITICAL

Before filing a motion to compel discovery, the moving party must confer in good faith with the non-moving party to try to resolve the dispute.

As with all motions filed in this Division (as set forth above), prior to filing a motion to compel discovery, the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute.

CRITICAL

Attorneys and parties must confer before the hearing about stipulations to the admissibility of evidence.

Attorneys and parties shall confer prior to the hearing to determine whether there are any stipulations as to the admissibility of evidence.

CRITICAL

Before filing a motion to compel discovery, the moving party must confer in good faith with the non-moving party to try to resolve the dispute.

As with all motions filed in this Division (as set forth above), prior to filing a motion to compel discovery, the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute.

CRITICAL

Before filing a motion, the moving party must confer in good faith with opposing counsel to try to resolve the issues.

Administrative Order 3.09, appendix A Standing Case Management Order effective 4/30/21 requires that before filing a motion, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.

CRITICAL

Before filing a motion to compel discovery, the moving party must confer in good faith with the non-moving party to try to resolve the dispute.

As with all motions filed in this Division (as set forth above), prior to filing a motion to compel discovery, the moving party shall confer in good faith with the non-moving party in an attempt to resolve the discovery dispute.

CRITICAL

A statement that opposing counsel was unavailable before filing does not satisfy the meet-and-confer obligation.

A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer.

CRITICAL

Non-moving counsel must promptly respond to a meet-and-confer request and provide availability for the conference.

Counsel for the non-moving party is obligated to promptly reply to a ‘meet-and-confer’ request and to provide availability for such conference.

CRITICAL

Before filing a motion, the moving party must confer in good faith with opposing counsel to try to resolve the issues.

Administrative Order 3.09, appendix A Standing Case Management Order effective 4/30/21 requires that before filing a motion, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion.

CRITICAL

After filing, the moving party must promptly contact opposing counsel and supplement the motion with a statement about whether and how much of the dispute has been resolved.

The moving party retains the duty to contact opposing counsel expeditiously after filing and to supplement the motion promptly with a statement certifying whether or to what extent the parties have resolved the issue(s) presented in the motion.

CRITICAL

Before requesting hearing time, confirm that the motion has been filed, served on all parties, and docketed; no hearing time will be given for motions that are not filed and docketed.

Please confirm that your motion has been filed, served on all parties, and docketed prior to requesting hearing time. No hearing time will be given for motions that are not filed and docketed.

CRITICAL

Parties must coordinate hearing availability; a party may set a hearing unilaterally only after a good-faith scheduling attempt and three unanswered email or phone attempts.

It is mandatory that all parties consult with one another regarding their availability for hearing. If a hearing is unilaterally set without any effort to coordinate a date and time with opposing counsel, that matter will not be heard by the Court. However, if a party has made a good faith attempt to schedule a hearing with opposing counsel and counsel has failed to respond after three (3) attempts via email and/or phone, then the party may schedule the hearing unilaterally.

CRITICAL

Before requesting hearing time, confirm that the motion has been filed, served on all parties, and docketed; no hearing time will be given for a motion that is not filed and docketed.

Please confirm that your motion has been filed, served on all parties, and docketed prior to requesting hearing time. No hearing time will be given for motions that are not filed and docketed.

WARNING

Before the hearing, confer with all parties about stipulations to the admissibility of evidence.

Please confer with all parties prior to the hearing to determine whether there are any stipulations as to the admissibility of evidence.

WARNING

Hearing dates for a discovery motion are available after counsel has conferred by telephone or in person and filed a certificate of good faith.

If you are unable to resolve this issue after you have personally conferred, by telephone or in person, with opposing counsel and have filed a certificate of good faith, then our office will be happy to provide you with hearing dates.

WARNING

After filing a motion, the moving party must contact opposing counsel expeditiously.

The moving party retains the duty to contact opposing counsel expeditiously after filing

WARNING

A statement that opposing counsel was unavailable does not satisfy the obligation to confer before filing.

A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties’ obligation to confer.

WARNING

Non-moving counsel must promptly respond to a meet-and-confer request and provide availability for the conference.

Counsel for the non-moving party is obligated to promptly reply to a ‘meet-and-confer’ request and to provide availability for such conference.

WARNING

A hearing is not required for every motion, and the Court may rule without a hearing or prior notice to counsel.

All motions do not require a hearing, and the Court may rule on motions without a hearing and without prior notice to counsel.

WARNING

If, for any reason, the moving party is unable to confer with counsel for the non-moving party, the motion should describe at least 3 attempts to confer by the moving party.

If, for any reason, the moving party is unable to confer with counsel for the non-moving party, the motion should describe at least 3 attempts to confer by the moving party.

WARNINGCriminal cases

Evidentiary motions will not be heard at case management or pre-trial conferences.

Evidentiary motions will not be entertained at the case management conference or the pre-trial conference.

WARNING

If the attorney cannot obtain the client’s consent or completed email designation, the motion to withdraw or substitute counsel may be set for hearing.

If an attorney is unable to obtain client consent or an email designation filled out by the client, then the motion to withdraw or to substitute counsel may be set for hearing.

WARNING

A motion to withdraw may require a hearing even with client consent if filed before an already scheduled hearing or trial.

Motions to withdraw, even with consent, may require a hearing if filed prior to an already scheduled hearing or trial.