[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 CPLR Article 31 and 22 NYCRR § 202.7 (good faith affirmation requirement) to address deficiencies in your [responses/production] served on [DATE]. This letter satisfies the prerequisite affirmation of good faith efforts before any discovery motion under CPLR § 3124.
New York Discovery Rules - Key Citations
- Response deadlines: 20 days from service; 25 days if served by mail (CPLR § 3122(a))
- Interrogatory limit: No statutory limit, but courts may limit if unduly burdensome (CPLR § 3130)
- Motion to compel: CPLR § 3124; must include 22 NYCRR § 202.7 affirmation of good faith effort
- Sanctions: CPLR § 3126 (striking pleadings, preclusion, contempt); costs under CPLR § 8303-a
- Commercial Division Rules (22 NYCRR § 202.70): Accelerated timelines and meet-and-confer requirements
- Automatic disclosure: CPLR § 3101(d) (expert disclosure), § 3101(i) (ESI protocols)
Specific Deficiencies and Requested Cures
| No. | Request/Topic | Deficiency | Requested Cure | Deadline |
|---|---|---|---|---|
| 1 | [Document Demand No. __/Interrogatory No. __] | [e.g., boilerplate objections without good faith response per CPLR § 3122; failure to produce privilege log per CPLR § 3122(b)] | [e.g., provide substantive response; produce documents; provide privilege log with required specificity] | [Date] |
| 2 |
Additional Issues
- Privilege log (CPLR § 3122(b)): [not provided/incomplete]; New York requires a log with sufficient detail to assess each privilege claim—please provide by [DATE] with document date, author, recipients, privilege type, and subject matter.
- Perjury statement: Document responses must include CPLR § 3122(a) certification; interrogatory answers require verification under CPLR § 3133.
- ESI/formatting: [missing metadata/native format]; please re-produce in [reasonably usable form] per agreed ESI protocol or court order.
- Protective order/clawback: [status]; propose to file so-ordered stipulation by [DATE].
New York-Specific Sanctions Warning
Under CPLR § 3126, the court may impose penalties including preclusion of evidence, striking pleadings, or contempt for willful failure to disclose. Courts routinely award costs and attorney's fees for frivolous discovery conduct under 22 NYCRR § 130-1.1.
Commercial Division matters: Note stricter compliance standards and expedited motion practice under 22 NYCRR § 202.70.
Proposed Path to Resolution (per 22 NYCRR § 202.7)
- 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 with the required good faith affirmation and seek costs.
- Any discovery motion will include the 22 NYCRR § 202.7 affirmation detailing our good faith efforts, including 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]