Discovery Deficiency Meet-and-Confer Letter

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 per N.H. Super. Ct. R. 21

Dear [Opposing Counsel Name]:

We write pursuant to New Hampshire Superior Court Rule 21 to notify you of specific deficiencies in your client's discovery responses served on [__/__/____] and to document our good-faith effort to resolve these disputes before seeking court intervention.

New Hampshire Superior Court rules treat the failure to confer with opposing counsel in good faith to informally resolve discovery disputes as a form of discovery abuse. This letter constitutes our formal good-faith conferral effort. If deficiencies are not cured by the deadline stated below, we will file a motion to compel and seek available sanctions and expenses under N.H. Super. Ct. R. 21.

I. TIMELINE OF DISCOVERY EVENTS

II. NEW HAMPSHIRE DISCOVERY RULES — CONTROLLING AUTHORITY

Note: New Hampshire Superior Court discovery is governed primarily by the New Hampshire Superior Court Rules (not a separate set of "rules of civil procedure" as in many states). The core discovery rules are contained in Rules 21–28.

• 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 — Verification: Interrogatory answers must be verified under oath by the responding party.
• N.H. Super. Ct. R. 24 — Production of Documents: Requests for production must be responded to within 30 days; responses must state the basis for any objection specifically.
• N.H. Super. Ct. R. 21 — Privilege: Claims of privilege must be asserted expressly with sufficient description to permit the court and opposing party to assess the claim.
• N.H. Super. Ct. R. 21 — Sanctions: Courts may impose sanctions including payment of expenses and attorney's fees, evidence preclusion, adverse inference instructions, and dismissal for discovery abuse.
• N.H. Super. Ct. R. 21(d) — Scope of Discovery Abuse: Specific enumerated abuses include: propounding excessive interrogatories, failing to respond timely, making frivolous objections, failing to confer in good faith, and making misrepresentations about discovery.

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 correction:

VI. PRIVILEGE LOG DEFICIENCIES

New Hampshire requires that claims of privilege be asserted expressly and described with sufficient specificity to permit the court and opposing counsel to assess the claim.

☐ No privilege log has been provided despite apparent withholding of documents on privilege grounds.
☐ Privilege log provided is incomplete — missing: [________________________________]
☐ The following privilege log entries lack adequate specificity: [________________________________]

Required per privilege log entry:

• 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 must be verified under oath by the responding party.

☐ Interrogatory responses are not verified by your client. Please provide a signed client verification by [__/__/____].

VIII. ESI AND FORMAT ISSUES

☐ Documents produced in non-searchable PDF — please re-produce in native format or searchable PDF with metadata.
☐ Metadata stripped from produced documents — please re-produce with metadata intact.
☐ Documents lack Bates labeling — please re-produce with sequential Bates numbers.
☐ ESI issue: [________________________________]

IX. DEMAND FOR SUPPLEMENTATION

We demand complete supplemental discovery responses and production of all responsive documents no later than:

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

Under N.H. Super. Ct. R. 21, the court may impose sanctions for discovery abuse including:

• ☐ Payment of reasonable expenses and attorney's fees incurred by the opposing party
• ☐ Adverse inference instructions to the jury
• ☐ Preclusion of evidence related to the discovery in dispute
• ☐ Striking of defenses or claims
• ☐ Dismissal of the action or entry of default judgment
• ☐ Contempt of court

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

• Failing to respond timely and completely to discovery requests
• Making frivolous or boilerplate objections without a good-faith basis
• Failing to confer in good faith to resolve discovery disputes

This letter documents our good-faith effort to resolve these issues informally. If full supplementation is not provided by [__/__/____], we will file a motion to compel citing this letter as evidence of our good-faith effort, and will seek all available sanctions and expenses.

XII. LITIGATION HOLD REMINDER

Please confirm that your client maintains a litigation hold over all ESI, emails, texts, voicemail, cloud-stored data, shared drives, and hard-copy documents relevant to this action. Spoliation may result in sanctions independent of and in addition to those available for discovery non-compliance.

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, 26 (courts.nh.gov); N.H. Super. Ct. R. 21(d) — discovery abuse including failure to confer in good faith; N.H. Super. Ct. R. 23 — 25-interrogatory limit; RSA 491 (Superior Court jurisdiction).