Discovery
Scope and Framework
Before filing most discovery motions, counsel must confer in good faith to attempt resolution. Courts generally require a certification describing the conferral, and many local rules specify that it occur by telephone or in person rather than by letter exchange.
The requirement applies to motions to compel, for protective orders, and for discovery sanctions.
Alternative Names:
Conferral, Good Faith Conference
Why it Matters?
Conferral is enforced more strictly than lawyers often expect, and motions are routinely denied for inadequate certification regardless of the underlying merits. Beyond compliance, a substantive conferral narrows the dispute so the court sees a focused disagreement rather than a global fight, which materially improves the odds on what remains.
Frequently Confused with
Related terms
Frequently asked questions
What satisfies the meet and confer requirement?
What happens if conferral is inadequate?
