There
is a new Administrative Order in the 13th Judicial Circuit governing the “meet
and confer” requirement prior to filing a motion with the Court, with the
exception of a request for an injunction, MTD, MSJ, or MJOP. It is effective as
of January 1, 2018. Paragraph 10 is the pertinent part:
is a new Administrative Order in the 13th Judicial Circuit governing the “meet
and confer” requirement prior to filing a motion with the Court, with the
exception of a request for an injunction, MTD, MSJ, or MJOP. It is effective as
of January 1, 2018. Paragraph 10 is the pertinent part:
The moving party or moving party’s
counsel must file with the motion a statement certifying that the moving party
or moving party’s counsel has conferred with the
counsel must file with the motion a statement certifying that the moving party
or moving party’s counsel has conferred with the
opposing party or opposing party’s
counsel – either in person, by telephone, or by video conferencing device – and
stating whether the party or counsel agree on the
counsel – either in person, by telephone, or by video conferencing device – and
stating whether the party or counsel agree on the
resolution of the motion.
A certification to the effect that
opposing party or opposing party’s counsel was unavailable for a conference
before filing a motion is insufficient to satisfy the
opposing party or opposing party’s counsel was unavailable for a conference
before filing a motion is insufficient to satisfy the
parties’ obligation to confer. The
moving party or moving party’s counsel must describe, with particularity, all
of the efforts undertaken to accomplish dialogue with
moving party or moving party’s counsel must describe, with particularity, all
of the efforts undertaken to accomplish dialogue with
the opposing party or opposing party’s
counsel prior to filing the subject motion.
counsel prior to filing the subject motion.
The moving party or moving party’s
counsel retains the duty to contact the opposing party or opposing party’s
counsel expeditiously after filing and to
counsel retains the duty to contact the opposing party or opposing party’s
counsel expeditiously after filing and to
supplement the motion promptly with a
statement certifying whether, or to what extent, the parties have resolved the
issue(s) presented in the motion.
statement certifying whether, or to what extent, the parties have resolved the
issue(s) presented in the motion.