Duty to Confer on Nondispositive

Motions (a) In General. Before filing any motion not described in RCFC 7.2(b), counsel for the moving party must make a reasonable and good faith effort to discuss the anticipated motion with opposing counsel to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement. The duty to confer also applies to nonincarcerated parties appearing pro se. (b) Contents. The motion must: (1) include a certification that the movant has in good faith conferred or attempted to confer with opposing counsel; and (2) state whether the motion is opposed or, if opposing counsel cannot be consulted, include an explanation of the efforts that were made to do so. (Added July 31, 2023.) Rules Committee Note 2023 Adoption RCFC 7.3 has been added to require that in every case initiated by a nonincarcerated plaintiff, a party seeking to file a nondispositive motion must first meet and confer with the opposing party.