Pleadings and Motions
Motion Practice
Rules 26(c) and 37(a) require certification that the movant conferred or attempted to confer in good faith. Local rules frequently specify the required form, timing, and level of detail.
Motions filed without certification are routinely denied.
Alternative Names:
Conferral Certification, Rule 37 Certification
Why it Matters?
Boilerplate certifications describing a single email are rejected with increasing frequency, and several districts require describing the date, participants, and substance of the conference. A certification that recites the requirement without detail invites denial without reaching the merits. Conducting a genuine conference is also frequently productive, since a substantial share of discovery disputes resolve when counsel actually discuss them.
Frequently Confused with
Related terms
Frequently asked questions
What detail is required?
Why does the requirement work?
