Discovery Deficiency Meet-and-Confer Letter - Washington

DISCOVERY DEFICIENCY MEET-AND-CONFER LETTER

Before you use this: Identify the specific served requests and responses. Check the case schedule and any county discovery rule. Propose an actual counsel conference about each dispute; under CR 26(i), a letter alone does not replace the conference.

[LAW FIRM / SENDER NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

[PHONE] | [EMAIL]

[__/__/____]

Via: [ACTUAL DELIVERY METHOD AND ADDRESS]

[RECIPIENT COUNSEL NAME]

[RECIPIENT FIRM AND ADDRESS]

Re: [PLAINTIFF] v. [DEFENDANT], [COUNTY] County Superior Court, Case No. [CASE NUMBER]

Subject: Discovery responses dated [DATE] — request for CR 26(i) conference

Dear [COUNSEL NAME]:

We represent [PARTY]. We request a conference under CR 26(i) concerning the discovery identified below. Our client served [INTERROGATORIES / REQUESTS FOR PRODUCTION / REQUESTS FOR ADMISSION] on [DATE] by [METHOD]. Your client served [RESPONSES / OBJECTIONS] on [DATE]. Copies of the specific requests and responses are [ATTACHED / PREVIOUSLY EXCHANGED, IDENTIFY].

CR 26(b)(1) permits discovery of nonprivileged matter relevant to the pending action's subject matter, subject to its stated limits. We ask that each issue be addressed against the particular request and the information presently available.

The issues include only those checked and explained in the table:

☐ Interrogatory answer: CR 33(a) calls for a separate, full written answer under oath or reasons for an objection in place of an answer. The problem is [IDENTIFY ANSWER OR OBJECTION AND MISSING INFORMATION].

☐ Production response: CR 34(b)(3) requires a response to each item or category that states production will be permitted or makes a specific objection with reasons. For a partial objection, identify the part objected to and permit inspection of the rest. The problem is [IDENTIFY CATEGORY, OBJECTION, WITHHELD MATERIAL, OR PRODUCTION FORM].

☐ Admission response: Under CR 36(a), a party may move to test the sufficiency of an answer or objection. The problem is [IDENTIFY MATTER AND ANSWER OR OBJECTION].

☐ General or privilege objection: CR 26(g) bars general objections and requires an objection tied to the specific request. A privilege objection must describe its grounds and identify withheld matters sufficiently for evaluation without disclosing protected content. The problem is [IDENTIFY REQUEST AND MISSING DESCRIPTION].

☐ Later acquired information: CR 26(e) requires a party that has responded to seasonably supplement or correct that response with information later acquired. The information at issue is [IDENTIFY IT, HOW KNOWN, AND WHICH RESPONSE NEEDS CORRECTION].

Please propose a mutually convenient conference time, in person, by telephone, or by another remote means, by [REQUESTED REPLY DATE]. We are available [OPTION 1], [OPTION 2], or [OPTION 3]. Please identify your participants and a contact number or link.

At the conference we propose to discuss each row, the material available, any narrowed request or reasonable production form, and a practical response date. We will record resolved and unresolved issues. We request any agreed supplemental answer or production by [PROPOSED DATE], subject to what counsel agree after conferring. This is a proposed cure date, not a court deadline.

If an issue remains, we will evaluate the rule-based motion or objection route after the CR 26(i) conference. CR 37(a)(4) addresses reasonable motion expenses, with exceptions and possible apportionment; no fee award is assumed here.

Sincerely,

[ATTORNEY SIGNATURE]

[ATTORNEY NAME], WSBA No. [NUMBER]

Counsel for [PARTY]

Enclosures: [IDENTIFY SPECIFIC REQUESTS, RESPONSES, OR CORRESPONDENCE]

Sources and references

• Washington Superior Court Civil Rule 26
• Washington Superior Court Civil Rule 33
• Washington Superior Court Civil Rule 34
• Washington Superior Court Civil Rule 36
• Washington Superior Court Civil Rule 37