Nearly every discovery motion requires a certification that the parties conferred in good faith. Courts increasingly police whether that happened.
What is not sufficient. A single email demanding compliance. A letter enclosing a deadline. A call in which one side states a position and the other declines.
What is expected. A conversation — telephone or video — after an exchange identifying the specific disputes, in which each side explains its position and proposals are made. Followed by a letter memorialising what was agreed and what remains.
Narrow before conferring. Identify which requests are actually in dispute, and drop those that are not worth the fight. A movant that pressed forty requests and prevailed on six has not done well.
Make proposals. Offer to limit custodians, date ranges, search terms, or to phase production. A record showing concrete offers refused is what wins the motion.
Certification content. When the conference occurred, who participated, what was discussed, what was resolved, and what remains. Courts deny motions on deficient certifications regardless of merit.
Timing. Confer promptly after the response, not weeks before the discovery cutoff, since delay alone defeats otherwise meritorious motions.