[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 12 O.S. Section 3237(A)(2) (conference requirement) to address deficiencies in your [responses/production] served on [DATE]. This letter satisfies the prerequisite certification of good faith efforts before filing a motion to compel under 12 O.S. Section 3237.
Oklahoma Discovery Rules - Key Citations
- Response deadlines: 30 days from service (12 O.S. Section 3233, 3234); +3 days if served by mail (12 O.S. Section 2006)
- Interrogatory limit: 30 interrogatories including subparts without leave of court (12 O.S. Section 3233)
- Motion to compel (12 O.S. Section 3237): Requires certification that movant in good faith conferred or attempted to confer
- Sanctions (12 O.S. Section 3237): Court shall require reasonable expenses including attorney's fees unless substantial justification shown
- Expert disclosure: 12 O.S. Section 3226(B)(4) - expert witness disclosure requirements
- Discovery Code: Oklahoma Discovery Code (12 O.S. Sections 3224-3237) governs discovery
Specific Deficiencies and Requested Cures
| No. | Request/Topic | Deficiency | Requested Cure | Deadline |
|---|---|---|---|---|
| 1 | [RFP No. __/Interrogatory No. __] | [e.g., improper objections without rule-compliant response; failure to produce documents per 12 O.S. Section 3234] | [e.g., provide verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (12 O.S. Section 3226(B)(5)): [not provided/incomplete]; Oklahoma requires express claim of privilege with sufficient information to assess—please provide by [DATE] with document date, author, recipients, privilege type, and general subject matter.
- Verification: Interrogatory answers must be verified under oath (12 O.S. Section 3233).
- ESI/formatting (12 O.S. Section 3234): [missing metadata/native format]; please re-produce in [reasonably usable form/native format].
- Protective order/clawback: [status]; propose to file agreed protective order by [DATE].
Oklahoma-Specific Sanctions Warning
Under 12 O.S. Section 3237, the court shall require the party whose conduct necessitated the motion to pay reasonable expenses including attorney's fees, unless the court finds the opposing party's position was substantially justified or other circumstances make an award unjust.
Note: Oklahoma courts have authority under 12 O.S. Section 3237 to impose additional sanctions including striking pleadings, prohibiting introduction of evidence, or entering default judgment for willful discovery abuse.
Proposed Path to Resolution (per 12 O.S. Section 3237)
- Good faith conference availability: [3 date/time windows] (Central 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 certification and seek fees and costs.
- Our motion will include certification that we 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]