upgrade

🪜civil procedure review

Meet and confer

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

Meet and confer refers to a procedural requirement in civil litigation where parties are mandated to engage in discussions to resolve discovery disputes before seeking court intervention. This process aims to encourage cooperation and problem-solving among litigants, reducing the need for motion practice and promoting efficiency in the judicial system.

5 Must Know Facts For Your Next Test

  1. The meet and confer requirement is usually outlined in local rules or scheduling orders and is intended to be completed before filing any motions related to discovery disputes.
  2. During the meet and confer process, parties should discuss the specific issues in dispute, potential resolutions, and attempt to narrow the scope of any disagreements.
  3. If parties are unable to reach an agreement during the meet and confer, they may then seek court intervention by filing a motion to compel or a motion for a protective order.
  4. Failure to properly engage in a meet and confer can result in sanctions or dismissal of a party's motion regarding discovery disputes.
  5. The court may require a certification of compliance with the meet and confer requirement before hearing any discovery-related motions.

Review Questions

  • How does the meet and confer process promote efficiency in civil litigation?
    • The meet and confer process promotes efficiency by encouraging parties to resolve discovery disputes through dialogue rather than relying solely on court intervention. This proactive approach can help narrow down issues, save time for both parties, and reduce the burden on the court system. By fostering communication, it also allows for creative solutions that may not be attainable through formal motions.
  • Discuss the potential consequences if a party fails to adequately participate in the meet and confer process.
    • If a party fails to adequately participate in the meet and confer process, they may face serious repercussions. The court may impose sanctions such as attorney's fees or even dismiss their motion related to discovery disputes. Additionally, this failure can negatively impact a party's credibility before the court and hinder their ability to present their case effectively.
  • Evaluate the importance of the meet and confer requirement within the broader context of civil procedure and its impact on case management.
    • The meet and confer requirement is critical within civil procedure as it serves as a first line of defense against unnecessary litigation. By facilitating communication between parties, it helps manage cases more effectively, encouraging resolutions without resorting to prolonged court battles. This approach can lead to cost savings for both litigants and the judicial system, ultimately improving access to justice by ensuring that resources are focused on substantive issues rather than procedural wrangling.