Discovery Deficiency Meet-and-Confer Letter - Alaska

[LAW FIRM / SENDER NAME]

[MAILING ADDRESS]

[PHONE] | [EMAIL]

[__/__/____]

VIA [EMAIL / FIRST-CLASS MAIL / HAND DELIVERY / OTHER: ____]

[OPPOSING COUNSEL NAME]

[ADDRESS]

[EMAIL]

Re: [CASE NAME], [COURT], Case No. [NUMBER]

Subject: Request to confer and supplement discovery responses

Dear [NAME]:

We represent [PARTY]. We received [RESPONDING PARTY]'s responses to [IDENTIFY DISCOVERY SETS] on [__/__/____]. We request a good-faith conference to discuss the specific matters below and seek resolution without court action.

Issues for Discussion

Select only issues supported by the actual requests, responses, record, and applicable order:

• ☐ Interrogatory answer. [Identify the particular unanswered part.] Rule 33(b) requires a separate written answer under oath to each non-objected interrogatory and a specific ground for each objection. Please provide [SPECIFIC ANSWER OR EXPLANATION].
• ☐ Production response or missing material. [Identify the item and basis for believing responsive material exists.] Rule 34(b) calls for a written response to each item or category, stating whether inspection will be allowed or giving reasons for an objection. Please [STATE SPECIFIC PRODUCTION OR RESPONSE REQUESTED].
• ☐ Production form. [Identify the requested and supplied forms.] Rule 34(b) allows an objection to a requested ESI form and sets rules for production when no form was specified. Please [STATE REASONABLY USABLE FORM REQUESTED AND WHY].
• ☐ Admission response. [Identify the precise answer or objection.] Rule 36(a) requires a denial to fairly meet the substance, a qualified answer to identify the true portion, and an inability-to-answer statement to report reasonable inquiry. Please [STATE CURE].
• ☐ Privilege or trial-preparation protection. [Identify what appears withheld.] Rule 26(b)(5) requires an express claim and enough description to assess it without revealing protected information. Please describe the withheld material and basis for the claim, consistent with that rule.

The permissible discovery scope is nonprivileged matter relevant to the subject matter under Rule 26(b)(1), subject to the separate limitations in Rule 26(b)(2). Please identify any order, agreement, accessibility concern, or particular burden that affects the requests above. We are willing to discuss a narrower search or production method where appropriate.

Please send proposed supplemental responses or a written explanation by [__/__/____]. We can confer on [DATE/TIME], [DATE/TIME], or [DATE/TIME] by [PHONE/VIDEO/IN PERSON]; please propose another time if needed. This requested cure date is a proposed agreement, not a deadline imposed by a court rule.

If we cannot resolve these matters, our client may seek relief under the applicable provisions of Rules 36 or 37. Rule 37(a)(2)(B) requires a good-faith conference or attempted conference certification for a motion to compel an interrogatory answer or Rule 34 inspection. Any request for motion expenses is governed by Rule 37(a)(4) and depends on the motion's outcome and the rule's exceptions. We will accurately describe the steps taken to confer.

Please contact me at [CONTACT INFORMATION]. We look forward to resolving the specific issues without motion practice.

Sincerely,

_________________________________

[ATTORNEY NAME]

Alaska Bar No. [NUMBER]

Counsel for [PARTY]

Delivery Record

Sent on [__/__/____] to [RECIPIENT] by [METHOD AND ADDRESS].

Sources and References

• Alaska Rules of Civil Procedure, Rules 26, 33, 34, 36, and 37.