Ever been stuck dealing with a Motion to Compel? It’s a legal move to force someone to hand over information. Sometimes, you need to write to the other lawyer about it. This letter addresses their motion and tries to resolve things. It’s a key step in many legal battles.
Writing the perfect letter can be tough. You need to be clear, professional, and persuasive. Lucky for you, we’ve got your back.
This article is packed with sample letters. Use them as a guide to craft your own winning response. Let’s make this process easier.
Sample Letter To Opposing Counsel Regarding Motion To Compel
**Sample Letter To Opposing Counsel Regarding Motion To Compel**
[Your Law Firm Letterhead]
[Date]
[Opposing Counsel’s Name]
[Opposing Counsel’s Law Firm]
[Opposing Counsel’s Address]
**RE: [Case Name] v. [Case Name]; Case No.: [Case Number]**
Dear [Opposing Counsel’s Name],
I am writing regarding our recent discovery dispute and your intention to file a Motion to Compel.
Specifically, I refer to [Identify the specific discovery request(s) at issue, e.g., Interrogatory No. 4, Request for Production No. 12].
We believe our responses were compliant with discovery rules. [Briefly explain why your responses were adequate or why the information sought is not discoverable. Be specific. E.g., “Interrogatory No. 4 was overly broad and unduly burdensome. Request for Production No. 12 seeks information protected by attorney-client privilege.”].
To avoid unnecessary motion practice, I propose the following: [Offer a specific compromise or solution. E.g., “We are willing to provide documents responsive to Request for Production No. 12 with the privileged information redacted. We are also willing to meet and confer to narrow the scope of Interrogatory No. 4.”].
Please let me know if you are amenable to discussing this further to reach a resolution. Otherwise, we will respond accordingly to your Motion.
Sincerely,
[Your Name]
[Your Title]
[Your Contact Information]
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How to Write Letter To Opposing Counsel Regarding Motion to Compel
Subject Line: Succinctness Is Paramount
- Clearly indicate the letter’s purpose.
- Example: “Re: Motion to Compel Discovery Responses in [Case Name], Case No. [Case Number]“.
- Avoid ambiguity; precision is your watchword.
Salutation: Maintain a Professional Demeanor
- Address the attorney by name: “Dear Mr./Ms./Mx. [Opposing Counsel’s Last Name],”
- Avoid colloquialisms or overly familiar greetings.
- Remember, decorum underscores credibility.
Introduction: Set the Stage with Clarity
- Reference the previous attempts to obtain discovery.
- State the specific discovery requests at issue (e.g., interrogatories, document requests).
- Articulate that your previous entreaties have been unfruitful, necessitating further action.
Body Paragraph 1: Itemize Deficiencies with Specificity
- Enumerate the deficient responses or lack thereof.
- Detail precisely what information is missing or inadequate.
- Cite the specific request number for each deficiency to avoid any misunderstanding.
- For instance: “Interrogatory No. 5 remains wholly unanswered despite its manifest relevance.”
Body Paragraph 2: Underscore the Relevance and Proportionality
- Reiterate the relevance of the requested information to the claims or defenses in the case.
- Explain why the requested discovery is proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.
- Address any potential objections preemptively, demonstrating you’ve contemplated their position.
- Acknowledge their perspective, then deftly dismantle it.
Demand and Proposed Resolution: Extend an Olive Branch (With Conditions)
- Clearly state your demand for full and complete responses within a specified timeframe (e.g., 14 days).
- Propose a meet-and-confer to resolve the discovery dispute amicably, if appropriate.
- Indicate your willingness to stipulate to a protective order, if confidentiality is a concern.
- However, explicitly state that failure to comply will compel you to file a Motion to Compel.
Closing: Maintain Civility While Asserting Resolve
- End with a professional closing: “Sincerely,” or “Respectfully,”
- Include your name, title, and contact information.
- A final, subtle reminder of your willingness to litigate the matter, if necessary, can be implied through tone.
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Frequently Asked Questions: Motion to Compel – Sample Letter to Opposing Counsel
This section addresses common inquiries regarding correspondence with opposing counsel concerning motions to compel. The following information is for informational purposes only and does not constitute legal advice.
What is the purpose of sending a letter to opposing counsel before filing a Motion to Compel?
The primary purpose is to attempt to resolve the discovery dispute informally and avoid the need for court intervention. It demonstrates a good-faith effort to comply with discovery rules and can strengthen your position should the motion proceed.
What key elements should be included in the letter?
The letter should clearly identify the specific discovery requests at issue, explain why the responses are deficient, and propose a specific remedy or compromise. It should also state a reasonable deadline for compliance.
What tone should the letter convey?
The letter should maintain a professional and respectful tone, even when addressing disagreements. Avoid accusatory language or personal attacks; focus on the legal issues at hand.
What should I do if opposing counsel does not respond to my letter?
Document the lack of response. This documentation can be used as evidence of your good-faith efforts to resolve the discovery dispute informally when you file your Motion to Compel.
Is there a specific format required for the letter?
While there is no prescribed format, the letter should be clear, concise, and organized. Consult local court rules as there may be specific formatting requirements or meet and confer obligations.