Adair Circuit Court Pre-Motion Conference Requirements

If extrajudicial efforts do not resolve the matter, the party seeking discovery may move for relief; supporting argument and authority are optional, but the motion must include or refer to the disputed discovery request.

To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then file a motion to obtain relief, to be heard on the Court's motion hour docket. The motion may be accompanied by supporting argument or explanation, with citation to legal authority if desired. The motion must include either a copy of or a reference to the discovery request in dispute.

A discovery motion cannot be filed or heard without counsel’s certificate confirming consultation, inability to resolve the dispute, and exhaustion of extrajudicial means.

No motions pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that he or she conferred with opposing counsel. that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.

Before filing a discovery-compel, protective-order, or sanctions motion under CR 26 or CR 37, counsel must make a good-faith effort to resolve the dispute and may file only if they cannot resolve it.

A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.

The parties and their attorneys must make a good-faith effort to resolve discovery disputes by agreement.

The parties and their attorneys have a duty to make a good faith effort to resolve, by agreement among them, any disputes that arise in the course of discovery.