Potter County Courts at Law Pre-Motion Conference Requirements

CRITICAL

A party seeking an oral deposition must first attempt to confer with opposing counsel about its date, time, place, and materials; failure to confer or make adequate attempts before noticing the deposition may be grounds to quash it.

(a) A party seeking an oral deposition must first attempt to communicate with opposing counsel to determine whether an agreement can be reached as to date, time, place, and material to be furnished at the time of deposition. (1) Failure to hold such conference or to make adequate attempts to hold such conference prior to noticing a deposition will be grounds to quash the deposition.

CRITICAL

Before requesting a setting, counsel must attempt to coordinate with opposing counsel and use best efforts to confer; the setting motion or confirmation letter must certify the good-faith conference or attempted conference and explain why no conference occurred.

(c) Prior to requesting a setting, counsel shall attempt to coordinate a setting with opposing counsel. A motion requesting a setting or letter confirming a setting must include a certification that the party seeking hearing in good faith conferred or attempted to confer with the opposing party to reach an agreement on the date and time of the hearing. If a conference was not held, the certificate must explain why it was not possible to confer. Attorneys must use their best efforts to have a conference where required by this rule.

CRITICAL

Before filing a motion or plea seeking relief, an attorney must confer with counsel for each affected party to determine whether the request is opposed; the conference may use the stated or another previously used communication method.

(a) Unless otherwise specified below, an attorney filing a motion or plea seeking any type of relief from a court must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed. Such a conference may be by phone call, email, facsimile, letter, or by other means the attorneys have used for communication.

CRITICAL

The inability to hold a conference does not excuse the conference requirement; attorneys must use their best efforts to confer where required.

(c) If a conference was not held, the certificate must explain why it was not possible to confer, in which event the motion will be presumed to be opposed. This rule does not alleviate the requirement that a conference be held, as attorneys must use their best efforts to have a conference where required by this rule.

INFO

A conference is not required for a motion that will be heard by submission.

(d) Conferences are not required for motions that will be heard by submission.