Discovery Meet-and-Confer Letter - New York
Discovery Meet-and-Confer Letter — New York Initial Planning
Date: [__/__/____]
To: [OPPOSING COUNSEL NAME, FIRM, ADDRESS, EMAIL]
From: [SENDING COUNSEL NAME, FIRM, ADDRESS, EMAIL, PHONE]
Re: [CASE CAPTION], [COURT AND COUNTY], Index No. [________]
Dear [COUNSEL NAME]:
I represent [PARTY]. I propose a conference to plan disclosure in this action and coordinate the parties' positions for the preliminary conference or proposed stipulation. This is an initial planning request. Please let me know your available times and any additional agenda items.
Case status: The request for judicial intervention was filed on [DATE / "NOT YET FILED"]. The preliminary conference is set for [DATE / "NOT YET SET"]. The current scheduling order, if any, is [IDENTIFY OR "NONE"].
Under 22 NYCRR 202.12(b), absent a party request and subject to the rule's alternatives, the court sends a proposed stipulation and order after the request for judicial intervention. If all parties sign and return it within 30 days, the court so-orders it without a preliminary conference unless the court orders otherwise. We can discuss proposed dates and terms before responding to that form.
Proposed agenda
| Topic | Proposal or question for conference |
|---|---|
| Claims and defenses | [IDENTIFY CORE ISSUES AND ANY THRESHOLD ISSUES] |
| Scope and period | [PROPOSE DATE RANGE AND CATEGORIES MATERIAL AND NECESSARY TO THE ACTION] |
| Documents | [KEY CUSTODIANS, INITIAL EXCHANGE, PRODUCTION SEQUENCE AND FORMAT] |
| ESI | [DATA SOURCES, CUSTODIANS, SEARCH TERMS, FORMAT, METADATA, PRESERVATION AND COST] |
| Depositions | [WITNESSES, ORDER, DATES AND FORMAT] |
| Interrogatories | [PROPOSED TOPICS AND COUNT] |
| Privilege and confidentiality | [LOG FORMAT, TIMING, PROTECTIVE ORDER OR CLAWBACK TERMS IF NEEDED] |
| Completion | [PROPOSED DISCLOSURE MILESTONES AND DATE FOR NOTE OF ISSUE] |
| Resolution | [SETTLEMENT OR MEDIATION DISCUSSION IF APPROPRIATE] |
CPLR 3101(a) calls for disclosure of matter material and necessary to prosecution or defense. I suggest narrowing the categories above to the actual claims and defenses in this action: [FACTUAL EXPLANATION].
If this case is reasonably likely to include electronic discovery, 22 NYCRR 202.12(c) requires counsel to meet and confer about it. Please identify who can discuss your client's systems, preservation, retrieval, and production choices. Our proposed ESI topics are [SPECIFIC SYSTEMS, DATE RANGES AND FORMATS]. If we cannot agree on a stipulation, the court may direct an ESI conference under that rule.
Section 202.20 limits interrogatories to 25, including subparts, unless the parties agree or the court orders otherwise; the limit also applies to consolidated actions. I propose [NUMBER] interrogatories on [TOPICS], subject to any agreement or court order.
Commercial Division or other case-specific rules: [IDENTIFY APPLICABLE PART OR ORDER, OR "NOT IDENTIFIED"]. We can add any requirements from that authority to a draft schedule.
Please respond by [__/__/____] with availability for a conference. I can meet by [PHONE / VIDEO / IN PERSON] on [DATE/TIME], [DATE/TIME], or [DATE/TIME]. I will circulate a draft stipulation after we speak if we reach agreement.
Sincerely,
Signature: [________________________________]
Name and firm: [________________________________]
Counsel for: [________________________________]
Attachments, if any: [DRAFT SCHEDULE, ESI TOPICS, CURRENT ORDER]
Delivery record: [METHOD, DATE, RECIPIENT ADDRESS OR EMAIL, CONFIRMATION]
Sources and references
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- New York
- Category
- Litigation & Court Documents
Legal authority
- CPLR 3101(a) (scope of disclosure)
- 22 NYCRR 202.12(b)–(c) (preliminary conference and ESI planning)
- 22 NYCRR 202.20 (interrogatory limit)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
22 NYCRR § 202.12(b) (checked October 3, 2026): "If all parties sign the form and return it to the court within thirty (30) days, such form shall be "so ordered" by the court and no preliminary conference shall be held unless the court orders otherwise."
22 NYCRR § 202.12(c) (checked October 3, 2026): "Where a case is reasonably likely to include electronic discovery, attorneys for all parties shall meet and confer on the subject of electronic discovery. If the parties are unable to reach a stipulation governing electronic discovery, the court may direct a conference on the subject."
22 NYCRR 202.12 (checked October 3, 2026): "In the absence of a party request as set forth in subdivision (a), and except as provided in subdivision (g), after the filing of a request for judicial intervention, the court shall promptly email to all parties the form of a stipulation and order"
CPLR 3101(a) (checked October 3, 2026): "There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof"
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