FL-MD — Meet and Confer

L.R. 3.01(g) imposes a mandatory pre-filing conferral requirement for most civil motions. Failure to comply can result in denial of the motion without prejudice. Deliberate evasion can result in sanctions.

The duty. L.R. 3.01(g)(1): "Before filing a motion in a civil action, except a motion for a Rule 11 sanction, for injunctive relief, for judgment on the pleadings, for summary judgment, or to certify a class, the movant must confer with the opposing party in a good faith effort to resolve the motion."

Exempted motions (no conferral required before filing):

• Motion for a Rule 11 sanction
• Motion for injunctive relief
• Motion for judgment on the pleadings
• Motion for summary judgment
• Motion to certify a class

Certificate requirement. L.R. 3.01(g)(2): at the end of the motion, under the heading "Local Rule 3.01(g) Certificate," the movant must: (A) certify that the movant has conferred with the opposing party; (B) state whether the parties agree on the resolution of all or part of the motion; and (C) if the motion is opposed, explain the means by which the conference occurred.

Opposing party unavailable. L.R. 3.01(g)(3): "If the opposing party is unavailable before the motion's filing, the movant after filing must try diligently for three days to contact the opposing party. Promptly after either contact or expiration of the three days, the movant must supplement the motion with a statement certifying whether the parties have resolved all or part of the motion. Failure to timely supplement can result in denial of the motion without prejudice. The purposeful evasion of a communication under this rule can result in a sanction."