Western District of Texas

Civil

What is a "certificate of conference"?

Local Court Rule CV-7(h) requires that a non-dispositive motion must include a statement or "certificate" that counsel for the moving party contacted counsel for the opposing party (typically by telephone) to confer in good-faith to resolve the matter by agreement before seeking the Court's ruling. (A non-dispositive motion is a motion other than a motion for judgment on the pleadings, a motion to dismiss, for summary judgment, for new trial, or for judgment as a matter of law.) Such a "certificate of conference," that should appear in the body of the motion, might typically state for instance: "On the ____ day of __________ 20___, the undersigned counsel conferred with opposing counsel concerning the relief sought in this Motion, and was advised that opposing counsel opposed (or did not oppose) this Motion." If the motion is opposed, the certificate should state the grounds for opposing counsel's objection. If the motion is unopposed, the motion should state so in the title of the motion.