Florida Rule 1.202: The Certificate of Conferral
What the rule requires before you file a non-dispositive motion, what the certificate must say and which motions are exempt.
What the rule requires
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 (Rule 1.202).
The certificate of conferral
The motion must end, above the signature block, with a certificate of conferral. If conferral took place, the certificate gives the method of communication and the date, and states either that the opposing party agrees or disagrees on resolving all or part of the motion, or that the opposing party did not respond, in which case it describes with particularity every effort made to reach them. If conferral is not required, the certificate says so and cites Rule 1.202.
A certificate that holds up usually answers four questions:
- Who did you confer with?
- By what method (call, video or email) and on what date?
- What was the response on each part of the relief requested?
- If there was no response, exactly what did you try?
Motions that do not need conferral
The rule does not apply when the movant or the nonmovant is unrepresented. Conferral is also not required before motions:
- For time to extend service of initial process.
- For default.
- For injunctive relief.
- For judgment on the pleadings.
- For summary judgment.
- To dismiss for failure to state a claim on which relief can be granted.
- To permit maintenance of a class action.
- To involuntarily dismiss an action.
- To dismiss for failure to prosecute.
- For directed verdict and motions under Rule 1.530.
- For garnishment, attachment or other enforcement of a judgment under Rule 1.570.
- For a writ of possession under Rule 1.580.
- Filed in actions proceeding under s. 51.011, Fla. Stat.
- That do not require notice to the other party under a statute or rule.
What happens if you skip it
Failure to comply may result in an appropriate sanction, including denial of the motion without prejudice. Purposeful evasion of communication under the rule can also be sanctioned. Treat conferral as a step to calendar before your filing deadline, and keep a record of when and how you reached out. For the surrounding deadlines, see the civil litigation deadlines cheat sheet.
General information for Florida practitioners, reviewed in October 2026 against the rule text linked above. It is not legal advice. Rules change, so confirm against the current text and any local requirements before relying on it.
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Conferral questions
Does Rule 1.202 apply to a motion for summary judgment?
No. Motions for summary judgment are among the motions listed as exempt from conferral (Rule 1.202(c)).
What if opposing counsel will not respond?
The certificate must state that the opposing party did not respond and describe with particularity all efforts undertaken to accomplish dialogue before filing (Rule 1.202(b)).
Does the rule apply when a party has no lawyer?
No. The requirements do not apply when the movant or the nonmovant is unrepresented by counsel (Rule 1.202(c)).
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