[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 Mass. R. Civ. P. 37 and Superior Court Rule 9C (certification 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.
Massachusetts Discovery Rules - Key Citations
- Response deadlines: 30 days from service (Mass. R. Civ. P. 33(a), 34(b)); +3 days if served by mail
- Interrogatory limit: 30 interrogatories including all subparts (Mass. R. Civ. P. 33(a))
- Motion to compel (Mass. R. Civ. P. 37(a)): Requires Superior Court Rule 9C certification of good faith conference
- Sanctions (Mass. R. Civ. P. 37(a)(4)): Court shall require reasonable expenses including attorney's fees unless substantial justification
- Automatic disclosure: Mass. R. Civ. P. 26(a)(1) - mandatory initial disclosures
- Business Litigation Session: Specialized discovery procedures for complex commercial cases
Specific Deficiencies and Requested Cures
| No. | Request/Topic | Deficiency | Requested Cure | Deadline |
|---|---|---|---|---|
| 1 | [RFP No. __/Interrogatory No. __] | [e.g., improper objections; failure to produce documents per Mass. R. Civ. P. 34; inadequate interrogatory answers] | [e.g., provide complete response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (Mass. R. Civ. P. 26(b)(5)): [not provided/incomplete]; Massachusetts requires a log with sufficient detail to evaluate each privilege claim—please provide by [DATE] with document date, author, recipients, privilege type, and general subject matter.
- Verification: Interrogatory answers must be signed under oath (Mass. R. Civ. P. 33(a)).
- ESI/formatting (Mass. R. Civ. P. 34(b)): [missing metadata/native format]; please re-produce in [reasonably usable form].
- Protective order/clawback: [status]; propose to file agreed protective order by [DATE].
Massachusetts-Specific Sanctions Warning
Under Mass. R. Civ. 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.
Note: Massachusetts courts have emphasized compliance with discovery obligations and have imposed significant sanctions for discovery abuse under Mass. R. Civ. P. 37(b).
Proposed Path to Resolution (per Superior Court Rule 9C)
- Good faith conference availability: [3 date/time windows] (Eastern 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 Rule 9C certification and seek fees and costs.
- Our motion will include certification that we have conferred in good faith, 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]