[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 SDCL 15-6-37(a)(1) (meet-and-confer 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 SDCL 15-6-37.
South Dakota Discovery Rules - Key Citations
- Response deadlines: 30 days from service (SDCL 15-6-33(b)(2), 15-6-34(b)(2)); +3 days if served by mail (SDCL 15-6-6(d))
- Interrogatory limit: 30 interrogatories including subparts without leave of court (SDCL 15-6-33(a))
- Motion to compel (SDCL 15-6-37(a)): Requires certification that movant in good faith conferred or attempted to confer
- Sanctions (SDCL 15-6-37(a)(5)): Court shall require reasonable expenses including attorney's fees unless substantial justification shown
- Expert disclosure: SDCL 15-6-26(b)(4) - expert witness disclosure requirements
- Initial disclosures: SDCL 15-6-26(a) - mandatory initial disclosure requirements
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 SDCL 15-6-34] | [e.g., provide verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (SDCL 15-6-26(b)(5)): [not provided/incomplete]; South Dakota 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 (SDCL 15-6-33(b)(1)).
- ESI/formatting (SDCL 15-6-34(b)(2)(E)): [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].
South Dakota-Specific Sanctions Warning
Under SDCL 15-6-37(a)(5), 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: South Dakota courts have authority under SDCL 15-6-37(b)(2) to impose additional sanctions including striking pleadings, prohibiting introduction of evidence, or entering default judgment for willful discovery abuse.
Proposed Path to Resolution (per SDCL 15-6-37)
- Good faith conference availability: [3 date/time windows] (Central Time/Mountain 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]