Discovery Meet-and-Confer Letter

DISCOVERY PLANNING AND MEET-AND-CONFER LETTER

Arkansas Circuit Court

[LAW FIRM / SENDER]

[ADDRESS]

[EMAIL] | [PHONE]

[__/__/____]

By: [METHOD]

[RECIPIENT NAME]

[FIRM / ADDRESS / EMAIL]

Re: [CASE NAME], [COURT], Case No. [________]

Dear [NAME]:

We represent [PARTY]. We invite you to confer about the discovery subjects identified below so the parties can develop a practical plan consistent with the Arkansas Rules of Civil Procedure and the court's orders.

1. Basis and Purpose

Select the actual basis; delete the others.

☐ Voluntary planning. The parties wish to coordinate discovery without representing that Arkansas Rule 26 requires a federal-style initial planning conference.

☐ Optional electronic-discovery procedure under Rule 26.1. The parties have agreed to proceed under Rule 26.1 on [__/__/____].

☐ Rule 26.1 court order. The court ordered the Rule 26.1 process on [__/__/____].

☐ Court / scheduling order. Paragraph [____] of the order dated [__/__/____] requires this conference.

☐ Concrete discovery dispute. This is a good-faith effort to resolve [IDENTIFY REQUEST / RESPONSE / OBJECTION] without court action, relevant to Rule 37(a)(2) if a motion to compel becomes necessary.

☐ Protective-order issue. The parties are conferring about [ISSUE] before any motion under Rule 26(c).

2. Rule 26.1 Timing, If Elected or Ordered

Rule 26.1 is supplemental and optional: either the parties must agree that it applies or the circuit court must order it on motion for good cause. The agreement or motion must be made within 120 days after the complaint was filed, unless the court extends or reopens that period for good cause.

If Rule 26.1 applies:

3. Proposed Conference Agenda

A. Claims, Defenses, and Prior Discovery

☐ Claims and defenses that define current Rule 26(b)(1) relevance

☐ Discovery already served or completed

☐ Information each party can obtain more readily than the other

☐ Sequencing or phasing that may reduce duplication or expense

☐ Scheduling order, protective order, and trial-date constraints

B. Proportionality and Scope

Current Rule 26(b)(1) limits discovery to nonprivileged matter relevant to a party's claim or defense and proportional to the needs of the case. Proposed parameters:

C. Interrogatories and Other Written Discovery

Current Arkansas Rule 26(a) does not impose a fixed frequency limit, and Rule 33 does not impose a numerical cap on interrogatories. The parties may discuss reasonable case-management limits without mislabeling them as default law.

D. Electronic Discovery

If Rule 26.1 applies, its conference includes preservation, production form, timing, privilege/protection, confidentiality/proprietary status, expense allocation, and other ESI issues.

E. Privilege, Work Product, and Confidentiality

Current Rule 26(f)(1) requires a party withholding otherwise discoverable information on privilege or trial-preparation grounds to make the claim expressly and describe the nature of what is withheld sufficiently to permit assessment, without revealing protected information. Proposed procedures:

☐ categorical descriptions where sufficient

☐ itemized index where appropriate to the materials and claim

☐ redaction notation and basis

☐ inadvertent-disclosure procedure

☐ protective order / confidentiality designations

☐ treatment of third-party confidential information

Proposed terms: [________________________________].

F. Supplementation and Dispute Process

☐ supplementation cadence or milestone: [________________________________]

☐ written deficiency notice before motion: [________________________________]

☐ conference method and participants: [________________________________]

☐ time to respond to a dispute notice: [________________________________]

☐ expedited process for deposition or production emergencies: [________________________________]

Nothing in an informal process extends a response, objection, motion, or trial deadline unless a valid written agreement or court order does so.

4. Proposed Conference Dates

We propose:

1. [__/__/____] at [____] Central Time;
2. [__/__/____] at [____] Central Time; or
3. [__/__/____] at [____] Central Time.

Format: ☐ telephone ☐ video ☐ in person at [________________________________].

Please respond by [__/__/____] and identify your attendees and any additional agenda item.

Sincerely,

Signature: __________________________________

[ATTORNEY / PARTY NAME]

[ARKANSAS BAR NO., IF APPLICABLE]

Counsel for [PARTY]

Planning Record

Sources and References

• Arkansas Judiciary, Arkansas Rules of Civil Procedure, current through June 4, 2026.
• Arkansas Judiciary, Court Rules navigation — current rules collection.

Current official rules verified August 2, 2026 through the official Arkansas Judiciary/Lexum collection fetched via Sofya after polite direct requests timed out or returned 403. Rules 26, 33, 34, and 36 were amended effective June 4, 2026.