[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 North Carolina Rule of Civil Procedure 37 to address deficiencies in your [responses/production] served on [DATE]. This letter documents our good faith effort to resolve this dispute before seeking court intervention.
North Carolina Discovery Rules - Key Citations
- Response deadlines: 30 days from service (N.C. R. Civ. P. 33(b), 34(b)); +3 days if served by mail
- Interrogatory limit: 50 interrogatories without leave (N.C. R. Civ. P. 33(a))
- Request for Production: N.C. R. Civ. P. 34; 30 days to respond
- Motion to compel (N.C. R. Civ. P. 37(a)): Court may enter appropriate order including sanctions
- Sanctions (N.C. R. Civ. P. 37(a)(4)): Court shall require reasonable expenses unless substantial justification
- Business Court Rules: Specialized discovery procedures for designated complex business cases
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 Rule 34; inadequate answers under Rule 33] | [e.g., provide complete verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (N.C. R. Civ. P. 26(b)(5)): [not provided/incomplete]; North Carolina 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 N.C. R. Civ. P. 33(b).
- ESI/formatting: [missing metadata/native format]; please re-produce in [reasonably usable form per Rule 34(b)].
- Protective order/clawback: [status]; propose to file agreed protective order by [DATE].
North Carolina-Specific Sanctions Warning
Under N.C. 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.
North Carolina courts actively enforce discovery obligations and have imposed sanctions including evidence preclusion under Rule 37(b).
Proposed Path to Resolution
- Meet-and-confer 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 under N.C. R. Civ. P. 37 and seek fees and costs.
- We will reference this correspondence in our motion.
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]