What happens if both parties fail to file the required conference brief before a case conference?

If neither party files the required conference brief, the conference is likely to be far less useful, and the judge has several options: proceeding anyway with a more limited, general discussion, adjourning the conference to a later date once proper materials are filed, or addressing the non-compliance directly, including through costs consequences for the delay caused. Because the whole point of the brief is to give the judge a clear, organized picture of the issues and each side's position ahead of time, going in without one on either side tends to waste the appearance rather than simply being a minor paperwork lapse.

Courts generally expect both parties to take these filing requirements seriously regardless of what the other side does, so one party's failure to file doesn't excuse the other's, and mutual non-compliance doesn't automatically mean neither side faces consequences. In practice, this kind of double failure often results in the conference being adjourned so both sides can properly prepare, which simply delays the case and can add costs for everyone involved. Anyone approaching a case conference should treat filing the required brief as a firm deadline, not an optional or flexible step.