[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 N.J. Court Rule 4:23-5(a) (certification of good faith conference) 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 under N.J.R. 4:23-1.
New Jersey Discovery Rules - Key Citations
- Response deadlines: 35 days from service (N.J.R. 4:17-4(b)); automatic extensions under N.J.R. 4:17-4(c)
- Interrogatory limit: Generally unlimited, but "contention interrogatories" limited under N.J.R. 4:17-1(b)
- Request for Production: N.J.R. 4:18-1; 35 days to respond
- Motion to compel (N.J.R. 4:23-1): Requires R. 4:23-5(a) certification of good faith conference
- Sanctions (N.J.R. 4:23-5(a)(2)): Court shall require reasonable expenses including attorney's fees unless substantial justification
- Discovery period: Typically 300 days from answer or 150 days before trial date (N.J.R. 4:24-1)
Specific Deficiencies and Requested Cures
| No. | Request/Topic | Deficiency | Requested Cure | Deadline |
|---|---|---|---|---|
| 1 | [Interrogatory No. __/Document Request No. __] | [e.g., improper objections; failure to produce documents per N.J.R. 4:18-1; inadequate answers] | [e.g., provide complete verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (N.J.R. 4:10-2(e)): [not provided/incomplete]; New Jersey requires a log with sufficient detail to evaluate each privilege claim—please provide by [DATE] with document date, author, recipients, privilege type, and general description.
- Verification: Interrogatory answers must be verified under N.J.R. 4:17-4(a).
- ESI/formatting: [missing metadata/native format]; please re-produce in [reasonably usable form].
- Protective order/clawback (N.J.R. 4:10-3): [status]; propose to file agreed protective order by [DATE].
New Jersey-Specific Sanctions Warning
Under N.J.R. 4:23-5(a)(2), 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: New Jersey courts actively enforce discovery obligations and have imposed significant sanctions for discovery abuse under N.J.R. 4:23-2.
Proposed Path to Resolution (per N.J.R. 4:23-5)
- Good faith conference availability: [3 date/time windows] (Eastern Time). We are prepared to meet telephonically or in person to satisfy the rule's conference requirement.
- 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 N.J.R. 4:23-5(a) 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]