Discovery Deficiency Meet-and-Confer Letter - Michigan

Discovery Deficiency Meet-and-Confer Letter — Michigan

[FIRM NAME]
[Street Address]
[City, Michigan ZIP]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]

[__/__/____]

VIA [________________________________]
(Email / Certified Mail / Hand Delivery)

[Opposing Counsel Name]
[Law Firm Name]
[Street Address]
[City, State ZIP]

Re: [Case Name], [Court Name], [County] County, Case No. [________________]
Discovery Deficiency — Good-Faith Resolution Letter

Dear [Mr./Ms./Mx.] [________________________________]:

I. Purpose of This Letter

This letter documents [Requesting Party]'s good-faith effort to resolve identified discovery deficiencies without judicial intervention.

Applicable Motion Statements: MCR 2.309(C), 2.310(C)(3), and 2.312(C) require motions concerning interrogatory answers, production responses, or admission answers or objections to state that the movant conferred or attempted in good faith to confer to resolve the matter without court action. In addition, MCR 2.313(A)(5) permits the court to deny expenses when the motion was filed before a good-faith effort to obtain the disclosure or discovery without court action.

PLEASE RESPOND IN WRITING NO LATER THAN [__/__/____] (10 business days from the date of this letter). Failure to respond or to resolve the deficiencies identified herein will result in the filing of a motion to compel accompanied by a request for attorney's fees and costs.

II. Factual Background

On [__/__/____], [Requesting Party] served the following discovery upon [Responding Party]:

☐ Interrogatories (Set [____]), consisting of [____] interrogatories
☐ Requests for Production of Documents (Set [____]), consisting of [____] requests
☐ Requests for Admission (Set [____]), consisting of [____] requests
☐ Other: [________________________________]

Responses were due on [__/__/____]. The general response period is 28 days under MCR 2.309(B)(4), 2.310(C)(2), and 2.312(B)(1), subject to the defendant's applicable 42-day alternative after service of the summons and complaint and any court-ordered change.

On [__/__/____], [Responding Party] served responses. Those responses are deficient in the respects identified below.

☐ No response has been received despite the deadline having passed.
☐ Responses were served but are substantively deficient as described below.
☐ An extension was agreed upon; the extended deadline of [__/__/____] has now passed.

III. Michigan Discovery Rules — Applicable Standards

A. Interrogatories (MCR 2.309)

• Answers and objections generally due within 28 days; a defendant may serve answers within 42 days after service of the summons and complaint (MCR 2.309(B)(4))
• No more than 20 interrogatories per separately represented party to each party, counting every discrete subpart; the limit may be changed by court order or written and filed stipulation (MCR 2.309(A)(2); 2.302(F)(2))
• Answers must be separate, full, written, and under oath; answers are signed by the person making them and objections by the attorney or unrepresented party (MCR 2.309(B)(1), (3))
• An objection must state its reasons in lieu of an answer (MCR 2.309(B)(1))
• The business-records option is governed by MCR 2.309(E)

B. Requests for Production (MCR 2.310)

• Responses generally due within 28 days; a defendant may respond within 42 days after service of the summons and complaint (MCR 2.310(C)(2))
• For each item or category, the response must state that inspection will be permitted or state the reasons for objection; a partial objection must identify the objected-to part (MCR 2.310(C)(2))
• Documents must be produced as kept in the usual course of business or organized and labeled to correspond to the request categories (MCR 2.310(C)(5))
• If the request does not specify an ESI form, production must use a form ordinarily maintained or a reasonably usable form (MCR 2.310(C)(2))

C. Requests for Admission (MCR 2.312)

• Responses generally due within 28 days; a defendant may respond within 42 days after service of the summons and complaint (MCR 2.312(B)(1))
• Failure to timely respond results in the matter being deemed admitted (MCR 2.312(B)(1))
• Denials must specifically deny the matter or explain why the party cannot truthfully admit or deny
• "Lack of information" requires a statement that a reasonable inquiry was made (MCR 2.312(B)(3))

D. Initial Disclosures (MCR 2.302(A)) — 2020 Amendment

Unless exempted, stipulated otherwise, or changed by court order, MCR 2.302(A) requires initial disclosures without awaiting a request. The disclosures include the factual and legal bases of claims and defenses, likely witnesses and subjects of information, documents and ESI that may be used, damages computations and supporting material, pertinent insurance or indemnity material, and anticipated expert subject areas. Confirm the full rule and any case-specific order.

☐ Check whether initial disclosures have been properly served in this matter.

E. Proportionality (MCR 2.302(B)(1)) — 2020 Amendment

Discovery is now limited to information proportional to the needs of the case, considering:

• Importance of issues at stake
• Amount in controversy
• Parties' relative access to information
• Parties' resources
• Importance of discovery in resolving issues
• Whether burden or expense outweighs likely benefit

F. Good-Faith Resolution Effort

MCR 2.309(C), 2.310(C)(3), and 2.312(C) require the applicable motion to state the movant's good-faith conferral effort. MCR 2.313(A)(5) also makes a pre-motion good-faith effort relevant to an expense award.

G. Sanctions (MCR 2.313(B)(2))

For failure to comply with a court discovery order, the court may impose sanctions including: taking facts as established, prohibiting the non-compliant party from supporting or opposing claims or defenses, striking pleadings, staying proceedings, entering default judgment, dismissing the action, or finding the party in contempt.

IV. Identified Deficiencies — Interrogatories

The following interrogatory responses are deficient:

Specific deficiency types identified (check all that apply):

☐ No Verification / Sworn Answers — MCR 2.309(B)(1) requires interrogatory answers to be signed and sworn by the party. No sworn verification accompanies the responses to Interrogatory Nos. [____].

☐ Incomplete Answer — Interrogatory No. [____] asks for [________________________________] but the response provides only [________________________________], omitting [________________________________].

☐ Objection Does Not State Reasons — The objection to Interrogatory No. [____] does not state the reasons for objection as required by MCR 2.309(B)(1).

☐ Business Records Response Deficient — A response invoking MCR 2.309(E) does not specify the records in sufficient detail, show that the burden of deriving the answer is substantially the same, or afford the required examination and copying opportunity.

☐ Initial Disclosure Deficiency — [Responding Party] has not provided all required initial disclosures under MCR 2.302(A), specifically: [________________________________].

☐ Other: [________________________________]

V. Identified Deficiencies — Requests for Production

The following requests for production responses are deficient:

Specific deficiency types identified (check all that apply):

☐ Objection Does Not State Reasons — The response to RFP Nos. [____] objects without stating the reasons required by MCR 2.310(C)(2), or makes a partial objection without specifying the objected-to part.

☐ Inadequate Privilege / Protection Objection — The response to RFP Nos. [____] asserts privilege or protection but does not state the reasons for the objection as required by MCR 2.310(C)(2), or does not comply with a scheduling order, local rule, or party agreement requiring a privilege log.

☐ Incomplete Production — RFP No. [____] seeks [________________________________], but the production is incomplete because [________________________________].

☐ No Date Certain for Production — The response to RFP No. [____] states production is "forthcoming" without a specific date. Please confirm a date certain.

☐ ESI Form Deficiency — The request specified an ESI form that was not used and the response did not state an objection, or the request specified no form and the ESI was not produced in a form ordinarily maintained or a reasonably usable form. MCR 2.310(C)(1)-(2).

☐ Documents Not Organized — Documents were not produced as kept in the usual course of business or organized and labeled to correspond with the request categories, as required by MCR 2.310(C)(5).

☐ Other: [________________________________]

VI. Identified Deficiencies — Requests for Admission

The following requests for admission responses are deficient:

Specific deficiency types identified (check all that apply):

☐ Evasive Denial — RFA No. [____] was denied in a manner that does not specifically deny the matter or explain why it cannot be truthfully admitted or denied, as required by MCR 2.312(B)(2).

☐ Improper "Lack of Information" Response — RFA No. [____] claims insufficient information without stating that a reasonable inquiry was made, as required by MCR 2.312(B)(3).

☐ Improper Objection — The objection to RFA No. [____] is not well-founded within the scope of MCR 2.302(B)(1).

☐ Deemed Admitted — No response to RFA Nos. [____] was timely served. Those matters are deemed admitted under MCR 2.312(B)(1). Please advise whether [Responding Party] intends to move to withdraw or amend the admissions under MCR 2.312(D)(1).

☐ Other: [________________________________]

VII. Privilege and Protection Objections

MCR 2.310(C)(2) requires a response to a request for production to state the reasons for an objection. MCR 2.302(B)(3)-(4) governs trial-preparation and expert materials. Current MCR 2.302(B)(6) addresses electronically stored information that is not reasonably accessible because of undue burden or cost; it does not prescribe the former privilege-log procedure.

If a scheduling order, local rule, or party agreement requires a privilege log, evaluate compliance with that authority and identify the specific deficiency without disclosing protected substance.

☐ The response does not state adequate reasons for the privilege or protection objection.
☐ A required privilege log has not been provided or is deficient because: [________________________________]
☐ Please provide corrected objections and any required privilege log by [__/__/____].

VIII. ESI-Specific Issues

The 2020 Michigan discovery amendments addressed ESI production requirements. Issues identified:

☐ The request specified no ESI form, and the production is neither in a form ordinarily maintained nor in a reasonably usable form.
☐ The requested ESI form was not used and no reasoned objection was stated.
☐ No ESI protocol has been agreed upon for this matter.

Please propose an ESI production protocol by [__/__/____].

IX. Demand for Supplementation

[Requesting Party] demands that [Responding Party] serve complete supplemental responses, with interrogatory answers under oath, to all deficiencies identified above no later than:

[__/__/____] (the "Supplementation Deadline")

This deadline is [____] business days from the date of this letter.

X. Meet-and-Confer Availability

[Requesting Party] is available to confer by telephone or in person at the following times (all Eastern Time):

• [__/__/____] at [____:____] [AM/PM]
• [__/__/____] at [____:____] [AM/PM]
• [__/__/____] at [____:____] [AM/PM]

Please contact the undersigned to schedule a conference. [Requesting Party] will document the effort for any statement required by MCR 2.309(C), 2.310(C)(3), or 2.312(C), and for the expense analysis under MCR 2.313(A)(5).

XI. Warning — Motion to Compel and Sanctions

If [Responding Party] fails to serve substantially complete supplemental responses by the Supplementation Deadline, or the parties cannot resolve disputes through the meet-and-confer process, [Requesting Party] will file a Motion to Compel pursuant to MCR 2.313(A).

The motion will include:

1. This letter as evidence of good-faith efforts
2. A declaration regarding telephone/in-person conference attempts and outcomes
3. A request for reasonable attorney's fees and expenses under MCR 2.313(A)(5)

Sanctions available under MCR 2.313:

Under MCR 2.313(A)(5), if the motion to compel is granted, or the disclosure or discovery is provided after filing, the court may, after an opportunity for hearing, require the party or deponent whose conduct necessitated the motion, or the party or attorney advising that conduct, or both, to pay the movant's reasonable expenses including attorney fees, unless:

• The movant filed the motion before attempting in good faith to obtain the discovery
• The opposing party's failure was substantially justified
• Other circumstances make an award of expenses unjust

Under MCR 2.313(B)(2), for failure to comply with a court order:

• Directing that designated facts be taken as established
• Prohibiting [Responding Party] from supporting or opposing designated claims or defenses
• Striking pleadings in whole or in part
• Staying proceedings pending compliance
• Entering a judgment by default against [Responding Party]
• Dismissing the action or any part thereof
• Treating the failure as contempt of court, except for an order to submit to a physical or mental examination

Under MCR 2.313(C)(1), a party that fails to disclose information or identify a witness as required by MCR 2.302(A) or (E) may not use that information or witness on a motion, at a hearing, or at trial unless the failure was substantially justified or harmless. MCR 2.313(D) separately addresses failure to preserve ESI.

XII. Preservation Reminder

MCR 2.302(B)(5) states that a party has the same preservation obligation for ESI as for other information. Without prescribing any particular preservation method, please confirm that reasonable preservation measures remain in place for potentially relevant documents and ESI, including:

☐ Email and electronic communications (all relevant accounts and platforms)
☐ Text messages and instant messages
☐ Documents on shared drives, servers, and cloud storage
☐ Social media communications
☐ Physical documents in [Responding Party]'s possession, custody, or control

XIII. Certification of Good Faith

This letter constitutes [Requesting Party]'s written record of initiating good-faith efforts to resolve the above-described discovery disputes. It and documentation of any subsequent conference may support the statement required by MCR 2.309(C), 2.310(C)(3), or 2.312(C), as applicable.

Sincerely,

______________________________
[Attorney Name], Michigan P. [____]
[Law Firm Name]
[Address]
[City, Michigan ZIP]
([____]) [____]-[________]
[Email Address]
Counsel for [Party Name]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Discovery Deficiency Meet-and-Confer Letter was served upon:

[Opposing Counsel Name], [Law Firm], [Address]

☐ Electronic Mail: [________________________________]
☐ U.S. Mail, First Class, Postage Prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Other authorized or agreed method: [________________________________]

I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

______________________________
[Attorney Name]

Date: [__/__/____]

SOURCES AND REFERENCES

• Michigan Court Rules, current official PDF (updated July 31, 2026; Chapter 1 updated January 1, 2026; Chapter 2 updated May 1, 2026), including MCR 1.109, 2.107, 2.302, 2.309, 2.310, 2.312, and 2.313: https://www.courts.michigan.gov/48ec32/siteassets/rules-instructions-administrative-orders/michigan-court-rules/michigan-court-rules.pdf
• MCR 2.302 — initial disclosures, discovery scope, ESI, supplementation, signing, filing, and service.
• MCR 2.309, 2.310, and 2.312 — interrogatories, production requests, and requests for admission.
• MCR 2.313 — motions to compel, expenses, sanctions, and failure to preserve ESI.