Also known as: certifications
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A formal statement by a party or attorney attesting that good faith efforts were made to resolve a discovery dispute without court intervention. The statement must accompany a motion to compel disclosure or discovery or a motion for a protective order. It confirms the movant conferred or attempted to confer with the opposing party before seeking judicial relief.
A formal statement by a party or attorney attesting that good faith efforts were made to resolve a discovery dispute without court intervention. The statement must accompany a motion to compel disclosure or discovery or a motion for a protective order. It confirms the movant conferred or attempted to confer with the opposing party before seeking judicial relief.
Camila Cervantes served requests for production on Continental Bank seeking loan records. After the bank failed to respond, Camila filed a motion to compel. Her motion included a certification stating that she had emailed the bank's counsel twice and left a voicemail in an unsuccessful attempt to resolve the issue without court involvement.
A court's formal decision authorizing a lawsuit to proceed as a class action under Rule 23. The decision determines whether the proposed class satisfies the requirements for collective adjudication. Federal Rule 23 controls the availability of class certification even when state law would deny it.
Christine Castro filed a diversity class action in federal court seeking interest on delayed insurance payments. A New York statute would have barred class treatment for such claims. The court applied Federal Rule of Civil Procedure 23 to decide class certification because the rule governs procedure and does not alter substantive rights.
Official recognition that a person, animal, or process meets specified standards or qualifications. Such recognition may supply probable cause when a trained detection dog alerts during a traffic stop. It may also appear in lawyer advertising when the designation is truthful and verifiable.
Connor Clark was stopped for speeding. A trained and certified narcotics detection dog alerted at the trunk. Officers searched the vehicle and found contraband. The dog's certification and training records established its reliability, supplying probable cause for the search.
A court's formal decision authorizing a lawsuit to proceed as a class action under Rule 23. The decision determines whether the proposed class satisfies the requirements for collective adjudication. Federal Rule 23 controls the availability of class certification even when state law would deny it.
Official recognition that a person, animal, or process meets specified standards or qualifications. Such recognition may supply probable cause when a trained detection dog alerts during a traffic stop. It may also appear in lawyer advertising when the designation is truthful and verifiable.
Each sense below has its own examples, sources, and questions.
Cobalt Energy moved for a protective order limiting the scope of a deposition noticed by Coastal Shipping. The motion contained a certification that counsel had met and conferred by telephone for forty minutes in an effort to narrow the topics and avoid court intervention.
Clifford Cox signed a response to interrogatories claiming that no responsive documents existed. The certification was later shown to be inaccurate. The court imposed sanctions requiring Cox and his client to pay the opposing party's reasonable expenses incurred because of the violation.
The motion must include a certification that the movant has in good faith conferred or attempted to confer with the opposing party in an effort to obtain the discovery without court action.
If a certification violates Rule 26(g) without substantial justification, the court must impose an appropriate sanction on the signer, the party, or both, which may include an order to pay reasonable expenses and attorney's fees.
Federal Rule of Civil Procedure 23 governs class certification in diversity actions. The rule is valid under the Rules Enabling Act because it regulates procedure and does not abridge substantive rights.
Christian Coleman placed an advertisement stating that he was a licensed CPA and Certified Financial Planner. The state bar sought to discipline him for listing the designations. Because the statements were truthful and verifiable, they constituted protected commercial speech that could not be banned.
Yes, a trained and certified narcotics detection dog's alert can provide probable cause to search a vehicle during a traffic stop when training and certification evidence shows the dog's reliability.
…to become a merger agreement in principle." The United States Court of Appeals for the Sixth Circuit affirmed the class certification, but reversed the District Court's summary judgment, and remanded the case. 786 F. 2d 741 (1986). The court reasoned that while petitioners were under no general duty to disclose their…