Discovery Deficiency Meet-and-Confer Letter - New Hampshire

DISCOVERY DEFICIENCY MEET-AND-CONFER LETTER

New Hampshire Superior Court — N.H. Super. Ct. R. 21

[FIRM NAME]
[Street Address]
[City, NH ZIP]
Tel: [____________________] | Fax: [____________________]
[Attorney Email Address]
N.H. Bar No.: [____]

Date: [__/__/____]

VIA: ☐ Email ☐ Certified Mail ☐ Hand Delivery ☐ Overnight Courier ☐ Facsimile

[Opposing Counsel Name]
[Law Firm Name]
[Street Address]
[City, State ZIP]
Email: [________________________________]
N.H. Bar No.: [____]

Re: [Plaintiff Name] v. [Defendant Name]
Court: New Hampshire Superior Court, [____] County
Case No.: [________________________________]
Discovery Deficiency — Meet-and-Confer under N.H. Super. Ct. Rs. 21(d) and 29(e)

Dear [Opposing Counsel Name]:

We write to identify specific deficiencies in your client's discovery responses served on [__/__/____] and to begin the good-faith effort to resolve these disputes before seeking court intervention under N.H. Super. Ct. Rs. 21(d) and 29(e).

New Hampshire Superior Court Rule 21(d)(1)(F) lists failure to confer in good faith about a discovery dispute as discovery abuse. Please confer with us using the proposed times below. If the dispute remains unresolved after our good-faith effort, we may move to compel under Rule 29(e) and request relief supported by Rules 21(d) and 29(h).

I. TIMELINE OF DISCOVERY EVENTS

II. NEW HAMPSHIRE DISCOVERY RULES — CONTROLLING AUTHORITY

Note: This letter addresses Superior Court discovery under Rules 21, 23–25, 28, and 29. Match each alleged deficiency to the request served and the governing response rule.

• N.H. Super. Ct. R. 21 — General Provisions: Parties may obtain discovery of any non-privileged matter relevant to the subject matter of the pending action, including ESI, documents, and identity of witnesses.
• N.H. Super. Ct. R. 21(b) — Scope: Discovery available includes the existence, description, nature, custody, condition, and location of documents, ESI, and other tangible things, and the identity and location of persons with knowledge of discoverable matters.
• N.H. Super. Ct. R. 21(d) — Discovery Abuse: Failure to confer with an opposing party or attorney in a good-faith effort to informally resolve a discovery dispute is listed as a form of discovery abuse under the rules.
• N.H. Super. Ct. R. 23 — Written Interrogatories: A party may propound one or more sets of interrogatories, but the total number shall not exceed 25 unless the court otherwise orders for good cause after the proposed additional interrogatories have been filed with the court.
• N.H. Super. Ct. R. 23(f), (i) — Answers: Interrogatory answers are made under oath by the responding individual or an officer or agent of an entity and served within 30 days after service, subject to written party extension.
• N.H. Super. Ct. R. 24(b)(2) — Production of Documents: Written responses are due within 30 days after service, subject to court direction or written party agreement; objections must state reasons and identify any unobjectionable portion.
• N.H. Super. Ct. R. 25(e)–(f) — ESI: A request states the form sought; a response or reasoned objection is due within 30 days of receipt.
• N.H. Super. Ct. R. 28(a)(i), (b) — Admissions: A covered matter is deemed admitted absent a sworn denial or written objection within 30 days after service; partial objections or qualified answers must address the remainder.
• N.H. Super. Ct. R. 21(c) — Privilege: Claims of privilege must be asserted expressly with sufficient general description for other parties to assess the claim, without revealing the protected substance.
• N.H. Super. Ct. R. 21(d) — Sanctions: The court may impose appropriate sanctions for discovery abuse, including expense, issue, evidence, and terminating sanctions listed in the rule, subject to its findings and exceptions.
• N.H. Super. Ct. R. 21(d)(1) — Examples: The rule lists disproportionate discovery expense, unjustified unmeritorious objections, misleading or evasive responses, disorganized production, and failure to confer in good faith.
• N.H. Super. Ct. R. 29(e), (h) — Motion: Counsel must attempt in good faith to settle the dispute before a motion to compel. Motion expenses depend on the findings specified in Rule 29(h).

III. DEFICIENCIES IN INTERROGATORY RESPONSES

Pursuant to N.H. Super. Ct. R. 23, the following interrogatory responses are deficient:

Total interrogatories served: [____] (within the 25-interrogatory limit under N.H. Super. Ct. R. 23)

Notes:
[________________________________]

IV. DEFICIENCIES IN DOCUMENT PRODUCTION RESPONSES

Pursuant to N.H. Super. Ct. R. 24, the following document production deficiencies must be cured:

Notes:
[________________________________]

V. DEFICIENCIES IN REQUESTS FOR ADMISSION RESPONSES

The following admission responses require attention under Rule 28(a)(i) and (b). A matter meeting Rule 28(a)(i)'s prerequisites may already be deemed admitted after the response period; a later response alone should not be treated as undoing that result.

VI. PRIVILEGE LOG DEFICIENCIES

Rule 21(c) requires an express privilege claim and a description of the material's general character sufficient for other parties to assess the claim, without revealing protected content.

☐ No express privilege claim or description has been provided for identified withheld material.
☐ The description provided is too general to assess the privilege claim: [________________________________]
☐ Additional requested log details would help assess the claim: [________________________________]

Requested details to assess the privilege claim (without revealing protected content):

• Document date
• Author and all recipients
• General subject matter (without disclosing privileged content)
• Type of privilege asserted (attorney-client / work product / other)
• Specific basis for the privilege claim

VII. VERIFICATION DEFICIENCY

Interrogatory answers under N.H. Super. Ct. R. 23(f) must be made under oath by the responding individual or, for an entity, an officer or agent furnishing the party's available information.

☐ Interrogatory responses were not made under oath by the required person. Please provide sworn answers by [__/__/____].

VIII. ESI AND FORMAT ISSUES

☐ ESI was produced in a form different from the form specified in Request No. [____], the parties' agreement, or a court order: [SPECIFY FORM AND BASIS]. Please confer about production in the specified form.
☐ Identified metadata requested in Request No. [____], the parties' agreement, or a court order is missing: [SPECIFY FIELDS AND BASIS]. Please confer about the missing fields.
☐ Bates labeling requested in [REQUEST / AGREEMENT / ORDER] is missing: [SPECIFY BASIS]. Please confer about labeling.
☐ ESI issue: [________________________________]

IX. DEMAND FOR SUPPLEMENTATION

We request corrected responses and production for the specific deficiencies identified above by the proposed date below. To the extent new information makes a prior response incomplete or inaccurate, this letter also requests supplementation under Rule 21(g); identify any disputed scope or timing when you confer with us.

SUPPLEMENTATION DEADLINE: [__/__/____]

X. MEET-AND-CONFER AVAILABILITY

Failure to confer in good faith is itself a form of discovery abuse under N.H. Super. Ct. R. 21(d). We are available to confer by telephone or in person (Eastern Time):

☐ [__/__/____] at [____] a.m./p.m.
☐ [__/__/____] at [____] a.m./p.m.
☐ [__/__/____] at [____] a.m./p.m.

Please confirm one of these times or propose alternatives by [__/__/____].

XI. SANCTIONS WARNING

Rule 21(d)(2) allows the court to impose sanctions for discovery abuse, subject to Rule 21(d)(1)'s findings and exceptions. Relief that may be requested if supported by the record includes:

• ☐ Reasonable unnecessary expenses, including attorney's fees, caused by the abuse
• ☐ An issue sanction deeming designated facts established
• ☐ An evidence sanction barring specified matters
• ☐ A terminating sanction striking claims or defenses, entering full or partial judgment, or staying proceedings until ordered discovery is provided

Rule 29(h) separately permits reasonable motion expenses, including attorney's fees, on its specified finding of a frivolous or delay-driven motion or conduct.

Specific enumerated forms of discovery abuse under N.H. Super. Ct. R. 21(d) that may be cited in our motion include:

• Making an unmeritorious objection without substantial good-faith justification or giving a knowingly misleading or evasive response
• Producing documents in a disorganized manner or other than their regularly kept form
• Failing to confer in good faith to resolve discovery disputes

Please confer by [__/__/____]. If the dispute remains unresolved after a good-faith effort, we may move to compel and request relief supported by the applicable rule and record.

XII. LITIGATION HOLD REMINDER

Rule 25(a)–(b) addresses ESI preservation and the parties' prompt conference after litigation begins. Please confirm the measures taken to preserve potentially relevant ESI, including [IDENTIFY RELEVANT SYSTEMS AND CUSTODIANS], and propose a time to discuss any dispute over preservation.

XIII. REQUESTED RESPONSE

Please respond to this letter in writing by [__/__/____], confirming:

1. That you will provide complete supplemental responses by [__/__/____]; or
2. The specific factual and legal bases for your position that each challenged response is adequate.

Sincerely,

[________________________________]
[Attorney Name], N.H. Bar No. [____]
[Law Firm Name]
[Address]
[Phone] | [Email]
Counsel for [Party Name]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a copy of this letter was served on:

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

Method: ☐ Email ☐ Certified Mail ☐ Hand Delivery ☐ Facsimile

[________________________________]
[Attorney Name]

Sources and References: New Hampshire Superior Court Rules 21, 23, 24, 25, 28, and 29 (courts.nh.gov). Rule 21(d) lists failure to confer in good faith as discovery abuse; Rule 29(e) requires a good-faith effort before a motion to compel.