Discovery Meet-and-Confer Letter

DISCOVERY MEET-AND-CONFER LETTER

(Initial Planning Conference Request — Pre-Dispute)

State of Arizona

[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 — Ariz. R. Civ. P. 26(f) and 26.1

Dear [Opposing Counsel Name]:

PURPOSE OF THIS LETTER

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

Arizona's discovery rules are noteworthy in several respects:

1. Mandatory Disclosure (Rule 26.1): Arizona requires extensive mandatory disclosures — far broader than most states — within 40 days after the filing of the defendant's answer. These include the factual and legal bases of each claim and defense, witnesses, documents, and damage computations.

2. Tiered Case Management: Arizona cases are assigned to tiers (Tier 1, 2, or 3) based on the amount in controversy and complexity. The assigned tier significantly affects discovery limits and scheduling. We should confirm the appropriate tier at our conference.

3. Rule 26(f) Conference: No later than 40 days after all defendants have been served, the parties must confer to discuss early resolution, initial disclosures, and a proposed case management plan.

We propose scheduling the conference at your earliest convenience and submit the following agenda for your review.

CURRENT CASE POSTURE

• Date Complaint Filed: [__/__/____]
• Date Answer Filed (last defendant): [__/__/____]
• Rule 26(f) Conference Deadline (40 days after service of last defendant): [__/__/____]
• Scheduled Preliminary Conference with Court: [__/__/____]
• Anticipated Trial Date: [__/__/____]
• Case Tier Assignment: ☐ Tier 1 (under $50,000) ☐ Tier 2 ($50,000–$300,000) ☐ Tier 3 (over $300,000 or complex) ☐ To be determined

SECTION 1: MANDATORY DISCLOSURE STATUS (ARIZ. R. CIV. P. 26.1)

Arizona Rule 26.1 mandatory disclosures must be served within 40 days after the filing of the defendant's answer. Each party must disclose without request:

(a) The factual and legal basis of each claim and defense;
(b) The names and contact information of all witnesses — including experts — and the substance of their knowledge;
(c) The names and contact information of all persons with relevant documents;
(d) A description of all documents and categories of documents in the disclosing party's possession that are relevant to the subject matter of the lawsuit;
(e) A computation of all damages claimed, and the factual and legal basis for each element;
(f) Relevant insurance agreements;
(g) The existence and substance of any statements of parties or witnesses.

☐ Party A has served Rule 26.1 disclosures on [__/__/____].
☐ Party A has not yet served Rule 26.1 disclosures (anticipated by [__/__/____]).
☐ Party B has served Rule 26.1 disclosures on [__/__/____].
☐ Party B has not yet served Rule 26.1 disclosures (anticipated by [__/__/____]).

Please advise as to your client's disclosure timeline.

SECTION 2: PROPOSED DISCOVERY CONFERENCE AGENDA

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

A. Case Tier and Case Management Plan

☐ Confirm appropriate tier assignment under Arizona's tiered case management system
☐ Review discovery limits applicable to the assigned tier
☐ Discuss whether a joint motion to reassign tier is warranted
☐ Discuss structure of case management plan to be submitted to the court

B. Claims, Defenses, and Early Resolution

☐ Summary of each party's principal claims and defenses
☐ Identification of threshold legal issues
☐ ADR and mediation possibilities (required under many Arizona local rules)
☐ Whether early neutral evaluation or settlement conference would be productive

C. Scope and Proportionality of Discovery

☐ Relevant time period: [________________________________]
☐ Key custodians and data sources
☐ Whether discovery should be phased: ☐ Yes ☐ No
☐ Proportionality factors: amount in controversy, importance of issues, parties' resources, burden

D. Electronically Stored Information (ESI) Protocol

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

E. Privilege Log and Protective Order

☐ Privilege log format: ☐ Document-by-document ☐ Categorical
☐ Required log fields: date, author, recipient, subject, document type, privilege asserted
☐ Inadvertent disclosure / clawback agreement: ☐ Yes ☐ No
☐ Protective order: ☐ Yes ☐ No — Maricopa County form or custom?
☐ Deadline to file proposed protective order: [__/__/____]
☐ Sensitive categories: ☐ Trade secrets ☐ PHI ☐ Personnel records ☐ Financial records ☐ Other: [________________________________]

F. Discovery Limits by Tier

Arizona discovery limits vary by tier:

• Tier 1: 3 depositions per side, 5 interrogatories, 5 RFPs, 5 RFAs per party
• Tier 2: 5 depositions per side, 10 interrogatories, 10 RFPs, 10 RFAs per party
• Tier 3: Determined by court order; presumptive limits may be expanded

☐ Agreed limits for this case (if different from tier defaults):

• Depositions: [____] per side
• Interrogatories: [____] per party
• Requests for Production: [____] per party
• Requests for Admission: [____] per party
  ☐ Discovery cutoff: [__/__/____]
  ☐ Expert disclosures: initial [__/__/____] / rebuttal [__/__/____]

G. Deposition Scheduling and Logistics

☐ Priority fact depositions: [________________________________]
☐ Preferred locations: [________________________________]
☐ Remote depositions: ☐ Agreed ☐ Not agreed ☐ Case-by-case
☐ 30(b)(6) designations anticipated: ☐ Yes ☐ No
☐ Deposition sequencing: [________________________________]

H. Third-Party Discovery

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

I. Preservation

☐ Confirm each party has a litigation hold in place.
☐ Identify data sources subject to automated deletion or archiving.
☐ Agreement to provide advance notice before modifying any preservation hold.

J. Supplementation

Arizona Rule 26.1(f) requires supplementation of disclosures within 30 days of learning of new information. Discuss process for supplementation going forward.

SECTION 3: PROPOSED DATES FOR CONFERENCE

We are available on the following dates:

Option 1: [__/__/____] at [____]:00 [____]M (MST/AZ Time)
Option 2: [__/__/____] at [____]:00 [____]M (MST/AZ Time)
Option 3: [__/__/____] at [____]:00 [____]M (MST/AZ Time)

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

SECTION 4: CASE MANAGEMENT PLAN SUBMISSION

Following the Rule 26(f) conference, the parties must submit a joint proposed case management plan to the court. Arizona courts may have specific forms for this submission. The plan addresses: tier confirmation, initial disclosure deadlines, discovery schedule, expert disclosures, dispositive motion deadlines, ADR, and trial estimate.

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 Rule 26.1 disclosures.

We look forward to cooperating with you on a sensible discovery plan.

Respectfully submitted,

[________________________________]
[Attorney Name]
[Arizona State 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:

☐ 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 Case Management Plan

SOURCES AND REFERENCES

• Arizona Rules of Civil Procedure Rule 26.1 (Mandatory Disclosure): https://www.azcourts.gov/
• Arizona Rules of Civil Procedure Rule 26(f): https://www.azcourts.gov/
• Arizona Tiered Case Management Information: https://www.azcourts.gov/
• Arizona Courts: https://www.azcourts.gov/