Discovery Meet-and-Confer Letter

DISCOVERY MEET-AND-CONFER LETTER

(Initial Planning Conference Request — Pre-Dispute)

State of Arkansas

[LAW FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[Address Line 2]
[City, State, ZIP]
[Phone] | [Fax] | [Email]

[__/__/____]

VIA: ☐ Email ☐ U.S. Mail ☐ Overnight Courier ☐ Hand Delivery

[Opposing Counsel Name]
[Law Firm Name]
[Address Line 1]
[Address Line 2]
[City, State, ZIP]

Re: [Case Name], [Court Name], Case No. [________________________________]
Re: Request for Discovery Planning Conference — Ark. R. Civ. P. 26(f)

Dear [Opposing Counsel Name]:

PURPOSE OF THIS LETTER

We write on behalf of our client, [________________________________], pursuant to Arkansas Rules of Civil Procedure, Rule 26(f), to initiate a discovery planning conference in the above-referenced matter. This letter is not a discovery deficiency letter. Its purpose is to proactively establish a cooperative and efficient discovery framework before any disputes arise.

Arkansas Rule 26(f) provides that the parties must, as soon as practicable after the exchange of initial disclosures required under Rule 26(a)(1), and in any event at least 14 days before a scheduling conference is held or a scheduling order is due under Rule 16(b), meet to: (1) discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution; (2) make or arrange for the Rule 26(a)(1) disclosures; and (3) develop a proposed discovery plan. The attorneys of record must submit a written report outlining the proposed plan within 10 days after the meeting.

Please contact our office to confirm your availability for the Rule 26(f) conference. We have proposed a comprehensive agenda below and welcome any additions.

CURRENT CASE POSTURE

• Date Complaint Filed: [__/__/____]
• Date Answer Filed: [__/__/____]
• Scheduling Conference / Order Deadline: [__/__/____]
• Anticipated Trial Date: [__/__/____]
• ADR/Mediation: ☐ Scheduled for [__/__/____] ☐ Not yet scheduled

SECTION 1: INITIAL DISCLOSURES STATUS

Arkansas Rule 26(a)(1) requires each party to disclose, without awaiting a discovery request: (i) individuals likely to have discoverable information; (ii) copies or descriptions of documents and ESI the disclosing party may use to support its claims or defenses; (iii) a computation of damages claimed; and (iv) any insurance policy that may satisfy a judgment. Disclosures are due within 45 days after the filing of the answer unless otherwise ordered.

☐ Party A has served initial disclosures on [__/__/____].
☐ Party A has not yet served initial disclosures (anticipated by [__/__/____]).
☐ Party B has served initial disclosures on [__/__/____].
☐ Party B has not yet served initial disclosures (anticipated by [__/__/____]).

Please confirm your client's initial disclosures timeline so we can coordinate accordingly.

SECTION 2: PROPOSED DISCOVERY CONFERENCE AGENDA

We propose the following agenda items for the Rule 26(f) conference:

A. Claims, Defenses, and Settlement Possibilities

☐ Brief summary of each party's principal claims and defenses
☐ Early case assessment and prospects for prompt resolution
☐ Identification of threshold dispositive issues
☐ Whether case is suitable for early mediation or other ADR

B. Scope and Proportionality of Discovery

☐ Key issues in dispute and appropriate scope of discovery
☐ Relevant time period: [________________________________]
☐ Key custodians to be identified by each party
☐ Whether discovery should be phased (liability first, then damages): ☐ Yes ☐ No
☐ Proportionality: amount in controversy, parties' resources, burden of discovery

C. Electronically Stored Information (ESI) Protocol

☐ ESI custodians per side (anticipated: [____])
☐ Data sources: ☐ Email ☐ Network drives ☐ Mobile devices/texts ☐ Cloud storage ☐ Databases ☐ Social media ☐ Other: [________________________________]
☐ Production format: ☐ Native files ☐ TIFF with load file ☐ PDF ☐ Other: [________________________________]
☐ Metadata fields to be included: [________________________________]
☐ De-duplication approach: [________________________________]
☐ Proposed search terms — to be exchanged by [__/__/____]
☐ Collection date range: from [__/__/____] to [__/__/____]
☐ Stipulated ESI protocol: ☐ To be negotiated ☐ Propose joint motion to adopt

D. Privilege and Protective Order

☐ Privilege log format: ☐ Document-by-document ☐ Categorical ☐ Other: [________________________________]
☐ Required fields: date, author, recipient, subject, document type, privilege asserted
☐ Inadvertent disclosure / clawback agreement: ☐ Yes ☐ No
☐ Protective order for confidential materials: ☐ Yes ☐ No
☐ Deadline to submit proposed protective order: [__/__/____]
☐ Sensitive categories anticipated: ☐ Trade secrets ☐ PHI ☐ Personnel files ☐ Financial records ☐ Other: [________________________________]

E. Discovery Limits and Scheduling

Arkansas Rule 33 permits a maximum of 30 interrogatories per party unless otherwise stipulated or ordered.

☐ Interrogatory limit: ☐ Default (30) ☐ Modified: [____] per party
☐ Deposition limit: ☐ No express default — propose [____] fact depositions per side
☐ RFP limit: ☐ No limit — propose [____] RFPs per party
☐ Discovery cutoff: [__/__/____]
☐ Expert disclosure (initial / rebuttal): [__/__/____] / [__/__/____]

F. Deposition Scheduling and Logistics

☐ Anticipated fact depositions: [____] per side
☐ Preferred locations: [________________________________]
☐ Remote depositions: ☐ Agreed ☐ Not agreed ☐ Case-by-case
☐ 30(b)(6) corporate representative depositions: ☐ Yes ☐ No
☐ Witness sequencing preferences: [________________________________]

G. Third-Party Discovery

☐ Anticipated third-party subpoenas: ☐ Yes (identify: [________________________________]) ☐ No
☐ Advance notice of third-party subpoenas: [____] days agreed

H. Preservation Obligations

☐ Confirm each party has implemented a litigation hold.
☐ Identify data sources subject to scheduled deletion or overwriting.
☐ Agree to notify the other party before modifying any preservation hold.

I. Dispute Resolution Process

☐ Agree to informal meet-and-confer before any discovery motion: ☐ Yes ☐ No
☐ Timing preference for informal resolution: [____] days to respond to any written notice of dispute
☐ Preferred method: ☐ Letter ☐ Phone call ☐ Video conference

SECTION 3: PROPOSED DATES FOR CONFERENCE

We are available for the Ark. R. Civ. P. 26(f) conference on the following dates:

Option 1: [__/__/____] at [____]:00 [____]M (CT)
Option 2: [__/__/____] at [____]:00 [____]M (CT)
Option 3: [__/__/____] at [____]:00 [____]M (CT)

Preferred format: ☐ Telephone ☐ Video conference ☐ In person at: [________________________________]

SECTION 4: DISCOVERY PLAN SUBMISSION

Following the Rule 26(f) conference, the parties must submit to the court within 10 days a written report of the discovery plan. The plan should address: changes to initial disclosures, subjects and timing of discovery, phasing, ESI issues, privilege issues, discovery limitations, and any other orders the court should issue.

Drafting responsibility: ☐ Our firm ☐ Your firm ☐ Joint

SECTION 5: REQUEST FOR RESPONSE

Please respond no later than [__/__/____] ([____] days from the date of this letter) to:

1. Confirm availability for the discovery conference;
2. Propose any additions or modifications to the agenda; and
3. Advise on the status of your client's initial disclosures.

We are committed to efficient, cooperative discovery and look forward to working with you.

Respectfully submitted,

[________________________________]
[Attorney Name]
[Arkansas Bar Number: ____________________]
[Law Firm Name]
[Address]
[Phone] | [Email]
Counsel for [________________________________]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a copy of the foregoing was served by the following method:

☐ Electronic mail to: [________________________________]
☐ U.S. First Class Mail, postage prepaid, to: [________________________________]
☐ Other: [________________________________]

[________________________________]
[Attorney Name]

ATTACHMENTS

☐ Attachment A — Proposed ESI Search Terms
☐ Attachment B — Draft Stipulated Protective Order
☐ Attachment C — Draft Clawback/Non-Waiver Agreement
☐ Attachment D — Draft Discovery Plan

SOURCES AND REFERENCES

• Arkansas Rules of Civil Procedure: https://courts.arkansas.gov/
• Arkansas Rule 26(f) Discovery Conference: https://courts.arkansas.gov/
• Arkansas Code Search: https://portal.arkansas.gov/service/arkansas-code-search-laws-and-statutes/