What is Meet and Confer and Why Courts Require It
Meet and confer means actually talking to opposing counsel before filing certain motions. California requires this for discovery disputes (CCP 2016.040), demurrers (CCP 430.41), motions to strike (CCP 435.5), and other filings. The goal is to resolve disputes without court intervention. If you don't make a genuine effort—or can't prove you did—your motion may be denied or you may face sanctions.
The Purpose Behind the Requirement
California courts are busy. Very busy. The meet and confer requirement exists because many disputes that end up on judicial calendars could have been resolved with a phone call. The Legislature and the courts have determined that attorneys should exhaust informal resolution before consuming judicial resources.
The concept is straightforward:
- Identify the issue: What specifically do you object to or need from the other side?
- Communicate directly: Tell opposing counsel exactly what the problem is
- Attempt resolution: Make a genuine effort to work it out
- Document the effort: If resolution fails, show the court you tried
Meet and confer isn't just a procedural hoop. It's actually useful. About half the issues I'm prepared to bring motions on get resolved during meet and confer—saving my clients money and keeping the case moving. Even when resolution fails, the conversation often narrows the dispute, making the eventual motion cleaner and more focused.
The Core Statute: CCP 2016.040
CCP 2016.040 sets out the general meet and confer standard that applies across discovery contexts:
"A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion."
This means you must:
- Make a reasonable attempt—proportional to the dispute
- Act in good faith—genuinely trying to resolve, not just checking a box
- Address each issue—not just a general "we disagree"
- Attempt informal resolution—before formal motion practice
Meet and Confer vs. Meet and Confer Declaration
There are two related but distinct concepts:
| Concept | What It Is | When Required |
|---|---|---|
| Meet and Confer Process | The actual communication between counsel attempting to resolve a dispute | Before filing the motion |
| Meet and Confer Declaration | A sworn statement describing the meet and confer efforts, filed with the motion | With the motion papers |
You need both: the actual effort and the documentation of that effort.
- Meet and confer is mandatory for most discovery motions, demurrers, and motions to strike
- The standard is "reasonable and good faith"—a genuine attempt, not a formality
- You must address each specific issue you intend to raise in your motion
- Documentation is critical—your declaration must show what you did
When Meet and Confer is Mandatory
Meet and confer is required before filing: motions to compel discovery responses (CCP 2016.040), demurrers (CCP 430.41), motions to strike (CCP 435.5), motions to compel further responses, and in some courts, summary judgment/adjudication motions. Each has specific requirements about timing, method, and what must be discussed.
Discovery Disputes (CCP 2016.040)
The most common meet and confer scenario. Required before filing:
- Motion to compel initial responses: Interrogatories, document requests, requests for admission
- Motion to compel further responses: When responses are incomplete, evasive, or objections are meritless
- Motion to compel deposition: When a deponent fails to appear or refuses to answer
- Motion for protective order: When seeking to limit or modify discovery obligations
- Motion to quash or modify subpoena: Before filing in most circumstances
Specific requirements by discovery type:
| Discovery Type | Meet and Confer Authority | Specific Requirements |
|---|---|---|
| Interrogatories | CCP 2030.300(b) | Must specify which responses are deficient and why |
| Document Requests | CCP 2031.310(b) | Must identify specific requests and nature of deficiency |
| Requests for Admission | CCP 2033.290(b) | Must identify which responses are inadequate |
| Depositions | CCP 2025.450(b) | Must attempt to contact deponent or counsel to schedule |
| Physical/Mental Exams | CCP 2032.310(b) | Must discuss examination parameters before motion |
Demurrers (CCP 430.41)
Since 2016, California has required meet and confer before filing a demurrer:
"Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer."
Key requirements for demurrer meet and confer:
- Method: Must be in person, by telephone, or by video—not email alone
- Timing: Must occur before the demurrer is filed
- Content: Must discuss whether an amended pleading could cure the defects
- Declaration: Must file declaration describing the meet and confer efforts
CCP 430.41 specifically requires meeting "in person, by telephone, or by video conference." Sending an email explaining why you think the complaint is deficient—even a detailed one—does not satisfy the requirement. You must actually talk to opposing counsel. Courts have denied demurrers for failure to comply with this requirement.
Motions to Strike (CCP 435.5)
Parallel to the demurrer requirement:
- Same method requirement: In person, telephone, or video conference
- Same timing: Before filing the motion
- Same content: Discuss whether an amended pleading could cure the defects
- Same declaration requirement: Must document efforts
Summary Judgment Motions (Local Rules)
There's no statewide statutory meet and confer requirement for summary judgment motions, but:
- Los Angeles Superior Court: Local Rule 3.57 requires a pre-filing conference
- Some other courts: Have adopted similar local requirements
- Best practice: Even without a requirement, reaching out before filing can streamline the motion
Even when not required, a pre-motion call can be valuable. Before filing a summary judgment motion, consider calling opposing counsel to discuss the grounds. You might discover additional facts that affect your motion, learn about evidence you haven't seen, or narrow the issues. Some attorneys skip this because they don't want to "tip their hand"—but the motion papers will reveal your arguments anyway.
Other Contexts
| Motion Type | Meet and Confer Required? | Authority |
|---|---|---|
| Motion to Compel Arbitration | Generally no statutory requirement | Check local rules |
| Ex Parte Applications | Must give notice, but not "meet and confer" | CRC 3.1204 |
| Motion for Sanctions | Safe harbor notice required, not formal M&C | CCP 128.7(c)(1) |
| Anti-SLAPP Motion | No statutory requirement | CCP 425.16 |
| Motions in Limine | Often required by pretrial order | Court's pretrial order |
What Constitutes "Good Faith" Effort
Good faith means genuinely trying to resolve the dispute, not just going through motions. It requires stating your position clearly, listening to the other side, considering their arguments, and being willing to compromise where reasonable. A single email demanding capitulation is not good faith. Multiple calls, detailed explanations of your concerns, and genuine attempts to find common ground demonstrate good faith.
Email vs. Phone vs. In-Person
The method matters, and requirements vary by motion type:
| Motion Type | Email Only | Phone/Video | In-Person |
|---|---|---|---|
| Discovery motions (CCP 2016.040) | Maybe (risky) | Yes | Yes |
| Demurrers (CCP 430.41) | No | Yes | Yes |
| Motions to Strike (CCP 435.5) | No | Yes | Yes |
For discovery: While the statute doesn't explicitly require a live conversation, courts generally expect more than email for significant disputes. A pattern of emails with no response might suffice, but a phone call is safer.
For demurrers and motions to strike: The statute is explicit—email alone does not satisfy the requirement.
My approach: Email first to set up the call ("I'd like to meet and confer about deficiencies in your discovery responses. Are you available Thursday at 2 PM?"), then have the actual conversation by phone or video. This creates a paper trail showing I initiated the process while ensuring I get the live conversation courts expect.
What "Reasonable" Looks Like in Practice
The effort must be proportional to the dispute:
For Minor Issues
- One clear email or letter identifying the problem
- One phone call if no response
- Reasonable time to respond (3-5 business days typically)
For Significant Disputes
- Multiple communications explaining your position
- Phone or video conference to discuss face-to-face
- Consideration of counterproposals
- Follow-up after initial conversation
- More time for complex issues
When Opposing Counsel is Unresponsive
- Multiple emails (minimum 2-3)
- Phone calls with voicemails
- Reasonable intervals between attempts
- Clear deadlines for response
- Documentation of all attempts
Elements of a Good Faith Effort
- Clearly identify each specific issue (not just "your responses are deficient")
- Explain why you believe the response/pleading is deficient
- Propose a specific resolution or ask what would resolve the issue
- Listen to and consider the other side's position
- Be willing to compromise on reasonable points
- Allow adequate time for response and follow-up
- Follow up if you don't receive a response
- Document everything in real-time
What is NOT Good Faith
These approaches will not satisfy good faith requirements:
- Ultimatums: "Provide supplemental responses by Friday or we file." No discussion, no negotiation.
- Boilerplate demands: "Your responses are deficient in various respects." No specificity about which responses or why.
- Immediate filing: Sending a letter at 4 PM and filing the motion the next morning.
- Refusing to discuss: "Our position is clear from the letter; there's nothing to discuss."
- Bad faith positions: Demanding things you know you're not entitled to.
- Going through motions: A five-minute call where you say "we disagree" and hang up.
When the Other Side Won't Engage
Sometimes opposing counsel refuses to meet and confer. Here's how to handle it:
- Multiple attempts: Send 2-3 emails and leave voicemails over reasonable intervals (not all in one day)
- Set deadlines: Give specific response deadlines ("Please respond by [date] so we can discuss before my deadline to file a motion")
- Document non-response: Keep records of every attempt and non-response
- Declaration: State specifically what you did and that opposing counsel failed to respond
Courts generally don't penalize you when the other side refuses to engage, provided you made genuine efforts and documented them.
How to Document Your Meet and Confer Efforts
Your meet and confer declaration must show facts, not conclusions. Don't say "I made a good faith effort." Say exactly what you did: the dates, times, methods of communication, what you said, what they said, and what happened. Courts want to see the actual effort, not your characterization of it.
Declaration Requirements
A proper meet and confer declaration includes:
- Chronology: Dates and times of all communications
- Method: Whether communication was by email, phone, video, or in person
- Participants: Who participated in each communication
- Content: What issues were discussed and positions taken
- Outcome: What was resolved, what remains in dispute, and why
- Exhibits: Copies of emails and letters, if any
Sample Declaration Structure
What to Attach as Exhibits
Always attach:
- Initial meet and confer email/letter: Shows you started the process and identified specific issues
- Follow-up correspondence: Shows persistence and good faith
- Summary emails: Any emails confirming what was discussed on phone calls
Consider attaching:
- Phone records: If opposing counsel claims you never called
- Calendar invites: For scheduled meet and confer sessions
- Response emails: From opposing counsel showing their position
After every phone call meet and confer, send an email summarizing what was discussed. "Per our call today, I understand your position to be [X]. We remain apart on [Y] and [Z]. Please let me know by [date] if my understanding is incorrect or if you've reconsidered." This creates a contemporaneous record and often prompts further engagement.
Common Declaration Mistakes
- "I made a good faith effort": Conclusion, not fact. Show what you did.
- "We exchanged correspondence": What correspondence? When? About what?
- "Efforts to resolve were unsuccessful": What efforts? Why unsuccessful?
- No dates or specifics: "Counsel contacted me" tells the court nothing.
- Missing exhibits: References to letters or emails not attached.
- Wrong issues: Declaration discusses issues not raised in the motion.
Documenting in Real Time
Best practice: Document as you go, not after the fact.
- Save every email in a meet and confer subfolder
- Write phone memos immediately after calls (date, time, participants, topics, outcomes)
- Send confirmation emails after phone calls
- Keep a chronological log of all meet and confer efforts
When you eventually draft your declaration, you'll have a complete record to draw from rather than trying to reconstruct events from memory.
What Happens If You Don't Meet and Confer
Failure to meet and confer can result in: motion denied, motion continued to allow meet and confer, monetary sanctions, or (for discovery) denial of requested relief. Courts take this seriously. Even if you eventually win on the merits, inadequate meet and confer can delay your motion and cost your client money.
Potential Consequences by Motion Type
| Motion Type | Potential Consequence | Authority |
|---|---|---|
| Discovery Motion | Denial of motion; denial of sanctions against responding party | CCP 2016.040, various discovery statutes |
| Demurrer | Demurrer overruled; 30-day continuance to complete meet and confer | CCP 430.41(a)(4) |
| Motion to Strike | Motion denied; 30-day continuance to complete meet and confer | CCP 435.5(a)(4) |
| Any Motion | Sanctions under CCP 128.5 or court's inherent authority | CCP 128.5, inherent power |
Motion Denied or Continued
The most common consequence is that your motion gets denied or continued:
For Demurrers (CCP 430.41(a)(4))
If the court finds a failure to meet and confer, it can either:
- Continue the hearing on the demurrer for 30 days to allow meet and confer, or
- Overrule the demurrer
The court cannot sustain the demurrer if there was a failure to meet and confer, but it can still find the pleading defective and give the plaintiff leave to amend.
For Discovery Motions
Courts have discretion to:
- Deny the motion outright
- Continue the motion and order meet and confer
- Grant the motion but deny sanctions against the responding party
- Issue sanctions against the moving party for failing to meet and confer
Sanctions
Monetary sanctions are possible in multiple scenarios:
- Against moving party: For filing motion without adequate meet and confer
- No sanctions against responding party: Even if motion granted, inadequate meet and confer may preclude sanctions against the party who should have provided discovery
- CCP 128.5: Filing a motion without meeting the procedural prerequisites can be sanctionable bad faith conduct
Here's what happens in practice: You file a motion to compel. You should have met and conferred but didn't do it properly. The court grants your motion—you get the discovery you wanted—but denies your request for sanctions because you didn't give the other side a fair chance to comply without motion practice. Your client won the battle but paid for unnecessary motion practice.
Waiver Concerns
Generally, failure to meet and confer doesn't waive your underlying right to bring a motion, but it can:
- Delay resolution: Continuances push out your timeline
- Increase costs: Having to refile or supplement your motion
- Damage credibility: Judges notice when attorneys don't follow procedures
- Create appellate issues: Procedural defects can complicate appeals
What Courts Actually Do
In practice, courts take different approaches:
- Some judges: Strictly enforce meet and confer requirements; deny motions on first failure
- Other judges: More lenient; continue motions to allow compliance
- Busy departments: May not scrutinize declarations closely unless opposing party raises the issue
- Repeat offenders: Courts notice patterns and become less tolerant over time
Don't rely on judicial leniency. The courts that strictly enforce meet and confer requirements won't give you a warning first. They'll just deny your motion, leaving you to start over. It's much easier to do it right the first time than to explain to your client why the motion they paid for got denied on procedural grounds.
Sample Meet and Confer Letters and Language
These templates demonstrate good faith meet and confer communications. Adapt them to your specific situation. The key elements: identify specific issues, explain why they're deficient, propose solutions, request a call to discuss, and set a reasonable deadline. Professional tone throughout.
Discovery Deficiency Letter
Follow-Up When No Response
Demurrer Meet and Confer Letter
Post-Call Summary Email
Common Pitfalls to Avoid
- Being too aggressive: "Provide responses or we'll seek maximum sanctions" doesn't invite discussion
- Being too vague: "Your responses are deficient" without specifics doesn't help resolution
- Too short a deadline: Demanding a call "by tomorrow" isn't reasonable
- All-or-nothing positions: "We won't accept anything less than complete responses to all requests" kills negotiation
- Threatening personal attacks: Keep it professional; attack the responses, not the attorney
- Missing follow-up: One email is rarely enough; document persistent efforts
- Specific identification of each issue by request/paragraph number
- Clear explanation of why the response or pleading is deficient
- Proposed resolution for each issue
- Request for discussion (not just demands)
- Reasonable deadline for response
- Professional tone throughout
If you're dealing with discovery disputes, unresponsive opposing counsel, or complex motion practice, I can help. I handle meet and confer, draft motions to compel, and appear remotely on discovery matters across California.
Discovery Support
- ✓ Meet and confer on your behalf
- ✓ Motions to compel discovery
- ✓ Opposition to discovery motions
- ✓ Protective orders
Pleading Practice
- ✓ Demurrer preparation
- ✓ Motion to strike
- ✓ Opposition to demurrers
- ✓ Amended pleadings
Complete guide to California civil discovery, including propounding and responding to discovery requests.
How to demur in California, grounds for demurrer, and responding to demurrers.
Electronic filing requirements, platforms, and procedures for California courts.
Personal service, substituted service, service by mail, and proof of service requirements.