A dispute pertaining to discovery need not be considered by the court unless the attorney seeking action by the court has filed a certificate describing the good faith attempts to discuss with the opposing attorney the resolution of the dispute and certifying that they are unable to reach agreement on the disputed issues. The certificate shall include the date, time, and circumstances of each discussion or attempted discussion.
Rule 2-431.Certificate requirement
Circuit Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRequires an attorney to certify a genuine good-faith effort to resolve a discovery dispute before the court will hear it.
Full Text of Rule 2-431
Committee Note & Source
Source. This Rule is derived from former Rule 422 d.
Plain-English Summary
Maryland courts won't referee a discovery fight on the papers alone. Before a judge has to consider a discovery dispute, Rule 2-431 requires the attorney seeking court action to file a certificate describing good-faith attempts to work things out directly with opposing counsel first. The certificate isn't a formality; it has to include the date, time, and circumstances of each discussion or attempted discussion, giving the court a real record that the parties tried to resolve the issue before asking a judge to step in.
The rule reflects a simple expectation: talk to the other lawyer before you file. It applies across the discovery rules generally, which is why motions to compel under Rule 2-432 and related discovery disputes typically reference this certificate requirement as a threshold the moving party has to clear.
Frequently Asked Questions
What has to be in the good-faith certificate?
The date, time, and circumstances of each discussion, or attempted discussion, the attorney had with opposing counsel about resolving the dispute, along with a statement that the attorneys were unable to reach agreement on the disputed issues.
Does the court have to consider a discovery dispute without this certificate?
No. The rule says a discovery dispute need not be considered by the court unless the certificate has been filed, which effectively makes it a prerequisite before a judge will take up a motion to compel or similar discovery motion.
Does a single email to opposing counsel satisfy the certificate requirement?
The rule doesn't set a minimum number of contacts, but it requires the certificate to describe the good-faith attempts made and confirm the attorneys couldn't reach agreement, so the record has to reflect an actual effort at resolution, not just a token gesture.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: discovery certificate marylandgood faith certificate discoverymeet and confer maryland discoverycertificate requirement discovery dispute