[FIRM LETTERHEAD OR CAPTION BLOCK]
[DATE]
[Opposing Counsel Name]
[Law Firm]
[Address]
Via [Email/ECF/Overnight Mail]
Re: [Case Name], [Court], Case No. [Number] - Discovery Deficiency Meet-and-Confer
Counsel:
We write pursuant to Colorado Rule of Civil Procedure 37 and C.R.C.P. 121, § 1-15 (conference requirement) to address deficiencies in your [responses/production] served on [DATE]. This letter satisfies the prerequisite certification of good faith conference before filing a motion to compel.
Colorado Discovery Rules - Key Citations
- Response deadlines: 35 days from service (C.R.C.P. 33(b), 34(b)); parties may stipulate to different periods
- Interrogatory limit: 30 interrogatories including discrete subparts (C.R.C.P. 33(a))
- Request for Production: C.R.C.P. 34; 35 days to respond
- Motion to compel (C.R.C.P. 37(a)): Requires § 1-15 certificate of conferral
- Sanctions (C.R.C.P. 37(a)(4)): Court shall require reasonable expenses unless substantial justification
- Mandatory initial disclosures: C.R.C.P. 26(a)(1) - automatic disclosure requirements
Specific Deficiencies and Requested Cures
| No. | Request/Topic | Deficiency | Requested Cure | Deadline |
|---|---|---|---|---|
| 1 | [Interrogatory No. __/Request No. __] | [e.g., improper objections; failure to produce documents per C.R.C.P. 34; inadequate answers] | [e.g., provide complete verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (C.R.C.P. 26(b)(5)): [not provided/incomplete]; Colorado requires express claim of privilege with sufficient detail—please provide by [DATE] with document date, author, recipients, privilege type, and general description.
- Verification: Interrogatory answers must be verified under C.R.C.P. 33(b).
- ESI/formatting: [missing metadata/native format]; please re-produce in [reasonably usable form per C.R.C.P. 34(b)].
- Protective order/clawback: [status]; propose to file agreed protective order by [DATE].
Colorado-Specific Sanctions Warning
Under C.R.C.P. 37(a)(4), the court shall require the party whose conduct necessitated the motion to pay reasonable expenses including attorney's fees, unless the court finds the conduct was substantially justified or other circumstances make an award unjust.
Colorado courts have emphasized compliance with discovery obligations and enforce the certification requirement under C.R.C.P. 121, § 1-15.
Proposed Path to Resolution (per C.R.C.P. 121, § 1-15)
- Good faith conference availability: [3 date/time windows] (Mountain Time). We are prepared to meet telephonically or in person.
- We propose resolving without court intervention if you confirm supplemental responses/production by [DATE].
- If unresolved by [DATE], we will file a motion to compel with the required certification and seek fees and costs.
- Our motion will include the § 1-15 certificate of conferral, referencing this correspondence.
Preservation Reminder
Please confirm litigation holds remain in place for email, text messages, messaging platforms, shared drives, cloud storage, and any custodian-specific data sources relevant to the disputed requests.
We look forward to your prompt response.
Sincerely,
______________________________
[Attorney Name]
[Law Firm]
Counsel for [Party]