[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 Oregon Rule of Civil Procedure 46 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.
Oregon Discovery Rules - Key Citations
- Response deadlines: 30 days from service (ORCP 43B, 45A); +3 days if served by mail
- Interrogatory limit: No specific limit, but subject to proportionality
- Request for Production: ORCP 43; 30 days to respond
- Motion to compel (ORCP 46A): Court may enter appropriate order including sanctions
- Sanctions (ORCP 46A(4)): Court shall require reasonable expenses unless substantial justification
- Multnomah County Supplementary Local Rules: Additional requirements may apply in Portland courts
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 ORCP 43; inadequate answers] | [e.g., provide complete verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (ORCP 36B(5)): [not provided/incomplete]; Oregon requires express claim of privilege with sufficient detail—please provide by [DATE] with document date, author, recipients, privilege type, and general description.
- Verification: Interrogatory answers must be verified under ORCP 43A.
- ESI/formatting: [missing metadata/native format]; please re-produce in [reasonably usable form per ORCP 43A].
- Protective order/clawback: [status]; propose to file agreed protective order by [DATE].
Oregon-Specific Sanctions Warning
Under ORCP 46A(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.
Oregon courts actively enforce discovery obligations and have imposed sanctions under ORCP 46B.
Proposed Path to Resolution
- Meet-and-confer availability: [3 date/time windows] (Pacific 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 ORCP 46 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]