Sample Meet-and-Confer Letter, with Conference Record
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section1983.org sample document. Educational template, not legal advice, not verified for your court. Replace every bracketed item. Check your district's local rules and your judge's standing orders before filing. Downloaded from https://www.section1983.org/downloads/

[Your Name]
[Street address]
[City, State ZIP]
[Telephone]
[Email]

[Date]

VIA EMAIL

[Counsel name]
[Firm]
[Address]
[Email]

Re:  [Your Name] v. [Defendants], No. [__________] ([District])
     Deficiencies in Defendants' Responses to Plaintiff's First Requests
     for Production and First Set of Interrogatories

Dear [Counsel]:

I write under Rule 37(a)(1) and Local Rule [__] to confer about Defendants'
responses served on [date]. I have identified the deficiencies below and ask
that Defendants cure each one by [proposed date, typically 10 to 14 days out].
If you believe any item is not deficient, please tell me why so we can narrow
what remains in dispute.

1.  Request for Production No. 3 (body-camera recordings).

    Request: "All body-worn camera recordings from any officer present at the
    scene of Plaintiff's arrest on [date], from activation through
    deactivation, in native format with metadata."

    Response: "Objection, overbroad and unduly burdensome. Subject to and
    without waiving, see Exhibit 1."

    Deficiency: The objection does not state the specific grounds or whether
    responsive material is being withheld, as Rule 34(b)(2)(B)-(C) requires.
    Exhibit 1 is a 90-second excerpt from one camera. The request seeks the
    complete recordings from every camera present.

    Cure requested: Produce the complete recordings from each officer's camera
    in native format with metadata, or state specifically what is being
    withheld and on what ground.

2.  Interrogatory No. 4 (facts supporting the resistance contention).

    Request: "State every fact on which Defendants base the contention that
    Plaintiff resisted arrest, identifying the source of each fact."

    Response: "See incident report and body-camera video."

    Deficiency: An interrogatory must be answered in writing. Rule 33(d)
    permits reference to business records only where the answer may be
    derived from them with equal burden and the records are specified in
    sufficient detail. The response does neither.

    Cure requested: A complete written answer stating each fact and its
    source, signed under oath by the answering Defendant as Rule 33(b)(3) and
    (5) require.

3.  Request for Production No. 7 (internal affairs file).

    Request: "The complete internal affairs or professional standards file
    concerning the incident of [date]."

    Response: "Objection. Privileged under the law enforcement and
    deliberative process privileges."

    Deficiency: No privilege log has been served. Rule 26(b)(5)(A) requires a
    description of each withheld document sufficient to assess the claim.
    Rule 34(b)(2)(C) requires the objection to state whether material is
    being withheld.

    Cure requested: A privilege log identifying each withheld document by
    date, author, recipients, type, subject matter, privilege asserted, and
    basis, and production of every responsive document not logged.

4.  Request for Production No. 9 (use-of-force reports).

    Request: "All use-of-force reports, supervisory reviews, and related
    forms created in connection with the incident of [date]."

    Response: "None."

    Deficiency: The response does not describe the search performed.
    Department General Order [__], produced as Bates [__], requires a
    use-of-force report whenever [trigger]. Plaintiff's complaint alleges
    that [trigger occurred].

    Cure requested: A description of the search performed, including
    custodians and systems searched, and either production of the responsive
    reports or a statement, signed under Rule 26(g), that none were created.

[Continue, one numbered item per deficient request.]

Plaintiff reserves all rights, including the right to move to compel under
Rule 37(a) as to any item not cured by [proposed date].

I am available to confer by telephone on [two or three dates and times]. Please
let me know which works, or propose another.

Sincerely,

______________________________
[Your Name]
Plaintiff, pro se

CONFERENCE RECORD
[Your Name] v. [Defendants], No. [__________]

Date / time      Method      Participants            Subject / result
--------------   ---------   ---------------------   -------------------------------------------
[date, time]     Email       [Me]; [Counsel]         Sent deficiency letter (4 items). Proposed
                                                     cure date [date]. Offered call on [dates].
[date, time]     Phone       [Me]; [Counsel]         Item 1: counsel agreed to produce full
                                                     recordings by [date]. Item 2: counsel will
                                                     supplement by [date]. Item 3: counsel
                                                     maintains privilege; will serve log by
                                                     [date]. Item 4: counsel to confirm search
                                                     by [date].
[date]           Email       [Counsel] to [Me]       Received recordings for two of three
                                                     officers. No supplement to Interrog. 4.
                                                     No log.
[date]           Email       [Me] to [Counsel]       Requested status on items 2-4. No response
                                                     as of [date].

Unresolved as of [date]: Items 2, 3, 4; Item 1 as to Officer [__]'s camera.