Discovery Deficiency Letter
(MD)

Summary

This template is a discovery deficiency letter that may be used in Maryland court to facilitate compliance with Md. Rules 2-431 and 2-432 when a party upon whom you have served discovery requests has either failed to respond or given a response that is inadequate, incomplete, or otherwise deficient. This template includes practical guidance, drafting notes, and optional clauses. Md. Rule 2-431 requires you to confer with the opposing party and make a good faith effort to resolve a discovery dispute before filing a motion to compel discovery. Thus, consider sending this letter after: • You have served a party with discovery requests • The party has responded to those discovery requests (or has failed to) –and– • You have found problems with their response This letter contains a number of different sections and options depending on what problems there were with the responding party's discovery responses. There are separate sections for interrogatories, requests for production of documents, and requests for admission. Within each of those categories, there are paragraphs that address a lack of a response, an incomplete response, an improper invocation of a privilege or an objection, and other problems. Pick and choose from among these sections as your specific situation requires.