Florida Rule 1.202 — Conferral Before Filing Motions
What the Rule Requires
Rule 1.202 is a brand new Florida statewide rule effective January 1, 2025. Before 2025, there was no uniform meet-and-confer requirement in Florida state court — some circuits had local rules, most didn't.
The default rule: conferral is required. Before filing most non-dispositive motions, the moving party must confer with opposing counsel in good faith to try to resolve the issue.
What 'conferral' means: A good-faith communication about the issues in the motion — by phone, video, email, or in person. The Certificate of Conferral must state the method of communication and the date. Sending a motion draft without any accompanying discussion of the issues is not conferral. The rule requires a genuine effort to resolve the issue, not just notification.
If opposing counsel refuses to confer: You are not blocked from filing. Document the attempt in the Certificate and proceed. The rule expressly provides for cases where 'the opposing party did not respond' — you describe with particularity all efforts made to initiate dialogue before filing.
The Certificate of Conferral: Must appear at the end of the motion, above the signature block. Required contents:
- The method of communication used
- The date of conferral
- Whether opposing counsel agreed to the relief sought
- The efforts made to obtain agreement (if no response)
Alternatively, if the motion is exempt: 'I certify that conferral prior to filing is not required under rule 1.202.'
Consequence of non-compliance: Rule 1.202 expressly provides: 'Failure to comply with the requirements of this rule may result in an appropriate sanction, including denial of a motion without prejudice.' Purposeful evasion of conferral communication may also result in an appropriate sanction.
Note on Rule 1.201(c)(4): In complex cases, Rule 1.201 requires a separate conferral closer to the hearing date. That obligation is distinct from Rule 1.202 conferral before filing. Satisfying one does not satisfy the other.
Exempt Motions — No Conferral Required
The following motions are exempt from Rule 1.202's conferral requirement. The Certificate of Conferral must still appear on the motion but should state that conferral was not required.
| Motion | Rule | Reason |
|---|---|---|
| Summary judgment | 1.202(c)(5) | Dispositive |
| Judgment on the pleadings | 1.202(c)(4) | Dispositive |
| Dismissal for failure to state a claim | 1.202(c)(6) | Dispositive |
| Default | 1.202(c)(2) | Opposing party not responding |
| Extend service of initial process | 1.202(c)(1) | Time-related procedural motion |
| Injunctive relief | 1.202(c)(3) | Time-sensitive; delay could cause harm |
| Class action certification | 1.202(c)(7) | Not amenable to unilateral resolution |
| Involuntary dismissal | 1.202(c)(8) | Exempt |
| Failure to prosecute | 1.202(c)(9) | Explicitly listed |
| Directed verdict and Rule 1.530 motions | 1.202(c)(10) | Mid-trial and post-trial motions |
| Garnishment, attachment, judgment enforcement | 1.202(c)(11) | Post-judgment collection |
| Writ of possession | 1.202(c)(12) | Post-judgment enforcement |
| Section 51.011 proceedings | 1.202(c)(13) | Specific statutory proceeding |
| No-notice motions | 1.202(c)(14) | Motions not requiring notice under statute or rule |
| Either party unrepresented (pro se) | 1.202(c) | Rule does not apply when movant OR nonmovant is pro se |
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