Sixth Judicial Circuit of Florida, Pasco and Pinellas Counties Pre-Motion Conference Requirements

Attorneys must attempt conferral by telephone, and an unanswered email does not satisfy the conferral requirement.

Attorneys shall attempt a phone conferral even if the rule does not require it. Simply sending an email and not receiving a response does not fulfill the conferral.

Before filing a non-dispositive motion, the movant must confer with the opposing party in good faith to attempt to resolve the motion's issues.

Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.

Before filing a motion to compel or for a protective order, moving counsel must confer in good faith with opposing counsel and include a certification of the conferral and unresolved dispute in the motion.

Before filing a motion to compel or a motion for protective order, counsel for the moving party shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised, and shall include within the motion, a statement certifying that he or she has so conferred with opposing counsel and that counsel have been unable to resolve the dispute.

Counsel must notify the court of a filed motion and set it for a hearing because the court does not receive clerk notification.

Motions: The Court does not receive notification from the clerk when a motion is filed. It is your responsibility to bring it to the Court’s attention and set the matter for a hearing.

Withdrawal of counsel requires a motion and hearing unless the request is accompanied by a stipulation signed by the client and all counsel.

Withdrawal requires a motion and hearing, unless accompanied by a stipulation signed by the client and all counsel.

Before filing a motion to compel or for a protective order, counsel must confer in good faith with opposing counsel to attempt resolution and file a certification of that conference and the unresolved dispute.

Before filing a motion to compel or a motion for protective order, counsel for the moving party shall confer with counsel for the opposing party in a good faith effort to resolve by agreement the issues raised, and shall filed with the Court at the time of the filing of the motion a statement certifying that he or she has so conferred with opposing counsel and that counsel have been unable to resolve the dispute.

A motion requesting a hearing lasting one hour or more requires a short case management conference.

Motions requiring a hearing time of one (1) hour or more require a short case management conference.

Before filing a motion to compel for a delinquent or allegedly inadequate discovery response, counsel must attempt to contact opposing counsel by both email and telephone.

Prior to submitting a motion to compel a delinquent or alleged inadequate response to discovery, counsel must first attempt to contact opposing counsel via email and telephone.

Pre-filing conferral is not required when either party is pro se or for the enumerated categories of motions, including default, summary judgment, specified dismissal motions, judgment enforcement, possession, section 51.11 actions, and motions not requiring notice.

The movant or the nonmovant is unrepresented by counsel (pro se). And not required prior to filing the following motions: (1) for time to extend service of initial process; (2) for default; (3) for injunctive relief; (4) for judgment on the pleadings; (5) for summary judgment; (6) to dismiss for failure to state a claim on which relief can be granted; (7) to permit maintenance of a class action; (8) to involuntarily dismiss an action; (9) to dismiss for failure to prosecute; (10) for directed verdict and motions filed under rule1.530; 9 (11) for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570; (12) for writ of possession under rule 1.580; (13) filed in actions proceeding under section 51.011, Florida Statutes; (14) that do not require notice to the other party under statute or rule.

The court may require argument of listed pending motions at a case management conference, except summary judgment and evidentiary-hearing matters unless all parties agree and the court approves hearing them in advance.

On reasonable notice and if there is adequate time, the court can also require the parties to argue any pending motion on the list EXCEPT motions for summary judgment and anything needing evidentiary hearings. Evidentiary hearings or summary judgment motions may be heard during a case management conference if ALL PARTIES AGREE AND THE COURT HAS APPROVED HEARING IT PRIOR TO THE CMC.

Each party must attend the case management conference prepared to discuss listed motions, conduct the case, make binding representations, and schedule all attorneys.

PARTIES MUST SHOW UP PREPARED to talk about any motion on the list, to make decisions about the conduct of the case, and have authority to make binding representations on motions, issues and scheduling. Whoever attends the conference must have the calendar for all attorneys in the case and be prepared to schedule for them.

Counsel must confer before the motions in limine hearing so that only genuinely disputed items are presented to the judge.

Counsel will confer before that hearing so that only items actually in dispute will be put before the Judge.

Before disputing a deficient discovery response, counsel should first send the opposing side a good-faith letter outlining the deficiencies.

Counsel disputing a discovery response as deficient should first send a good faith letter to the opposing side outline the deficiencies in the responses.

The discovery good-faith letter should allow the opposing side at least two weeks to cure the deficiency.

The good faith letter should give a reasonable time, at least two weeks, to ameliorate the deficiency.