Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties Pre-Motion Conference Requirements
7 rules from official source documents
Pre-motion conference and letter requirements before filing motions, including sequential steps. This page is scoped to Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties; use the court rules overview to switch categories without leaving this court.
Before filing a motion to compel or for a protective order, counsel must confer in good faith and file a certification of the conference and unresolved dispute.
Prior to filing a motion to compel or for protective order, attorneys should confer with opposing counsel in a good faith effort to resolve the issues raised. Attorneys shall file with the motion a statement certifying that the moving counsel so complied and has been unable to resolve the dispute with opposing counsel.
In civil cases, counsel must generally confer in good faith before filing most motions and file a certification of the conference and unresolved issues, subject to listed exceptions and emergencies.
Except in emergency situations, before filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a cause of action, to dismiss for lack of prosecution, or to otherwise involuntarily dismiss an action, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and shall file with the motion a statement certifying that the moving counsel has conferred with opposing counsel and that counsel have been unable to agree on the resolution of the motion.
The discovery conference must be a substantive in-person or telephone conversation conducted in good faith to resolve the dispute without court action; merely attempting to confer or exchanging self-serving emails or faxes is insufficient.
The conference by and between counsel shall be conducted in person or by telephone. Counsel that merely "attempt" to confer have not "conferred." The word "confer" requires a substantive conversation in person or by telephone in a good faith effort to resolve the matter without court action and does not envision an exchange of self-serving letters or ultimatums submitted via e-mail or facsimile.
All motions must comply with Florida Rule of Civil Procedure 1.202’s conferral requirement before filing.
PLEASE MAKE SURE ALL MOTIONS FILED COMPLY WITH FLORIDA RULE OF CIVIL PROCEDURE 1.202 – “CONFERRAL PRIOR TO FILING MOTIONS”.
A civil motion to compel may be submitted without a hearing only if the moving party follows the procedures stated in the order.
A Motion to Compel discovery in a civil action may be submitted to the Court without a hearing if the moving party has complied with the following procedures:
The moving party must confer in good faith with the opposing party to try to resolve the motion's issues, in person, by phone, or by video conference.
The moving party must confer with the opposing party in a good faith effort to resolve the issues raised in the motion. Such conferral must be between the attorneys in-person, by phone or by video-conference.
Before filing a nondispositive motion or a motion listed under Rule 1.202(c), the movant must confer in good faith with opposing counsel, but the requirement does not apply to litigants without lawyers.
Before filing a non-dispositive motion or a motion listed under Rule 1.202(c), the moving party must confer with opposing counsel in a good-faith effort to resolve issues to be raised in the motion. Rule 1.202 does not apply to litigants without lawyers.
Does Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties require a pre-motion conference or letter before filing a motion?
The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. Before filing a motion to compel or for a protective order, counsel must confer in good faith and file a certification of the conference and unresolved dispute.
Does Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties require a pre-motion conference or letter before filing a motion?
Twentieth Judicial Circuit of Florida, Charlotte, Collier, Glades, Hendry and Lee Counties rules set a pre-motion procedure for covered motions. The moving party must confer in good faith with the opposing party to try to resolve the motion's issues, in person, by phone, or by video conference.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.