[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 Ohio Civil Rule 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.
Ohio Discovery Rules - Key Citations
- Response deadlines: 28 days from service (Ohio Civ. R. 33(A), 34(B)); +3 days if served by mail (Civ. R. 6(E))
- Interrogatory limit: 40 interrogatories including subparts without leave (Ohio Civ. R. 33(A))
- Request for Production: Ohio Civ. R. 34; 28 days to respond
- Motion to compel (Ohio Civ. R. 37(A)): Court may award reasonable expenses including attorney's fees
- Sanctions (Ohio Civ. R. 37(A)(4)): Shall require reasonable expenses unless substantial justification shown
- Local Rules: Cuyahoga, Franklin, Hamilton County local rules may impose additional requirements
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 Ohio Civ. R. 34; inadequate interrogatory answers] | [e.g., provide complete verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (Ohio Civ. R. 26(B)(6)): [not provided/incomplete]; Ohio requires express claim of privilege with sufficient detail to evaluate—please provide by [DATE] with document date, author, recipients, privilege type, and general description.
- Verification: Interrogatory answers must be verified under oath (Ohio Civ. R. 33(A)).
- ESI/formatting: [missing metadata/native format]; please re-produce in [reasonably usable form per Ohio Civ. R. 34].
- Protective order/clawback: [status]; propose to file agreed protective order by [DATE].
Ohio-Specific Sanctions Warning
Under Ohio Civ. R. 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.
Ohio courts have emphasized compliance with discovery obligations and have imposed significant sanctions for discovery abuse under Ohio Civ. R. 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 Ohio Civ. R. 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]