[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 Washington 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.
Washington Discovery Rules - Key Citations
- Response deadlines: 30 days from service (CR 33(a), 34(b)); +3 days if served by mail (CR 6(e))
- Interrogatory limit: No limit specified in CR 33, but subject to proportionality under CR 26(b)(1)
- Request for Production: CR 34; 30 days to respond
- Motion to compel (CR 37(a)): Court may award reasonable expenses including attorney's fees
- Sanctions (CR 37(a)(4)): Shall require reasonable expenses unless substantial justification shown
- King County Local Rules: KCLCR 37 requires meet-and-confer certification; other counties have similar 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 CR 34; inadequate answers] | [e.g., provide complete verified response; produce responsive documents; provide privilege log] | [Date] |
| 2 |
Additional Issues
- Privilege log (CR 26(b)(5)): [not provided/incomplete]; Washington 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 CR 33(a).
- ESI/formatting: [missing metadata/native format]; please re-produce in [reasonably usable form per CR 34(b)].
- Protective order/clawback: [status]; propose to file agreed protective order by [DATE].
Washington-Specific Sanctions Warning
Under CR 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.
Washington courts actively enforce discovery obligations and have imposed sanctions including evidence preclusion and dismissal for egregious discovery abuse.
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 CR 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]