Legal Definitions - certificate of conference

A certificate of conference is a formal statement included in a legal document, such as a motion, that a party files with the court. In this statement, the filing party certifies that they have communicated with the opposing party (or parties) and made a good-faith effort to resolve the specific issue addressed in the motion without needing the court's intervention. Despite these efforts, an agreement could not be reached, and therefore, a judicial decision is now necessary.

Many courts require this certificate for certain types of motions to ensure that parties attempt to settle disputes privately before consuming valuable court resources. It acts as proof that the parties have "conferred" or discussed the matter before asking a judge to step in.

Here are some examples illustrating how a certificate of conference applies:

• Discovery Dispute: In a complex business lawsuit, the plaintiff believes the defendant is withholding crucial financial documents that are relevant to the case. The plaintiff's attorney decides to file a Motion to Compel Discovery, asking the judge to order the defendant to produce these documents.

  Attached to this motion is a certificate of conference. In it, the plaintiff's attorney formally states that they contacted the defendant's attorney multiple times via phone and email, outlining the specific documents requested and explaining why they are relevant. Despite these discussions, the parties could not agree on the production of these documents, thus requiring the court's decision.

  Explanation: This illustrates the term because the certificate confirms that the parties attempted to resolve the dispute over document production themselves before involving the judge, fulfilling the court's requirement for pre-motion discussions.

• Scheduling or Procedural Matter: A defense attorney is unexpectedly ill and needs more time to file a response to a summary judgment motion, which has a looming deadline.

  The defense attorney files a Motion for Extension of Time. Within this motion, or as a separate attachment, is a certificate of conference. This certificate states that the defense attorney called the plaintiff's attorney, explained the situation, and requested a two-week extension. If the plaintiff's attorney agreed, the certificate might note this as an "agreed motion." If the plaintiff's attorney objected, the certificate would explain that the parties conferred but could not reach an agreement on the extension, leaving the decision to the court.

  Explanation: This demonstrates the certificate's role in procedural matters. It shows the court that the parties tried to manage their schedule cooperatively before asking for judicial intervention, regardless of whether they ultimately agreed or disagreed.

• Motion to Amend a Pleading: During a personal injury lawsuit, new evidence emerges suggesting an additional party might be responsible for the plaintiff's injuries, or that a new claim should be added.

  The plaintiff's attorney decides to file a Motion to Amend the Complaint to add this new party and a related claim. Before filing, they include a certificate of conference, detailing their communication with the existing defendant's attorney. The certificate would confirm that they discussed the proposed amendment, explaining the new evidence and the rationale for adding the party. If the defendant's attorney opposed the amendment, the certificate would clearly state that the parties conferred but could not reach an agreement, thereby requiring the judge to rule on whether the amendment should be allowed.

  Explanation: This example highlights how the certificate ensures that even when seeking to modify fundamental aspects of a lawsuit, parties first attempt to gain consent or at least discuss the proposed changes with opposing counsel, minimizing unnecessary court hearings.