Florida Rule of Civil Procedure 1.202
Conferral Prior to Filing Motions
- (a)Duty. Before filing a non-dispositive motion, the movant must confer with the opposing party in a good-faith effort to resolve the issues raised in the motion.
- (b)Certificate of Conferral. At the end of the motion and above the signature block, the movant must include a certificate of conferral in substantially the following form: “I certify that prior to filing this motion, I discussed the relief requested in this motion by [method of communication and date] with the opposing party and [the opposing party (agrees or disagrees) on the resolution of all or part of the motion] OR [the opposing party did not respond (describing with particularity all of the efforts undertaken to accomplish dialogue with the opposing party prior to filing the motion)].” OR “I certify that conferral prior to filing is not required under rule 1.202.”
- (c)Applicability; Exemptions. The requirements of this rule do not apply when the movant or the nonmovant is unrepresented by counsel (pro se). Conferral is not required prior to filing the following motions:
- (1)for time to extend service of initial process;
- (2)for default;
- (3)for injunctive relief;
- (4)for judgment on the pleadings;
- (5)for summary judgment;
- (6)to dismiss for failure to state a claim on which relief can be granted;
- (7)to permit maintenance of a class action;
- (8)to involuntarily dismiss an action;
- (9)to dismiss for failure to prosecute;
- (10)for directed verdict and motions filed under rule 1.530;
- (11)for garnishment, attachment, or other motions for enforcement of a judgment under rule 1.570;
- (12)for writ of possession under rule 1.580;
- (13)filed in actions proceeding under section 51.011, Florida Statutes; and
- (14)that do not require notice to the other party under statute or rule.
- (1)
- (d)Sanctions. Failure to comply with the requirements of this rule may result in an appropriate sanction, including denial of a motion without prejudice. The purposeful evasion of communication under this rule may result in an appropriate sanction.