Conferral / Meet and Confer
S.D. Fla. — Before filing any motion in a civil case, counsel must confer (orally or in writing) with all affected parties in good faith.
Before filing any motion in a civil case, counsel must confer (orally or in writing) with all affected parties in good faith. Every non-exempt motion must include a certification. L.R. 7.1(a)(3).
Exempt Motions
Injunctive relief, judgment on pleadings, summary judgment, 12(b)(6) dismissal, class action, pro hac vice, involuntary dismissal, garnishment/Rule 64, ex parte motions, arbitration enforcement/vacatur.
Required Certification
Above signature block, certify either:
(A) Conferred in good faith, unable to resolve; OR
(B) Made reasonable efforts to confer (specifying date, time, manner of each attempt) but unable to do so.
If some issues resolved, specify which remain.
Discovery-Specific Conferral
- Conferral duty is reciprocal
- Conferral does NOT toll the 28-day deadlines unless judge's procedures say otherwise
- Some Magistrate Judges require live conversation for discovery disputes — always check individual standing orders
Sanction: Court may grant or deny the motion + impose reasonable expenses and attorney's fees.