Discovery Deficiency Letter
(MI)

Summary

This template is a discovery deficiency letter, which may be used in civil litigation in Michigan circuit court to notify a responding party of deficiencies in the party's response to written discovery requests and to facilitate compliance with conference requirements under Michigan's civil discovery rules. This template includes practical guidance, drafting notes, and alternate clauses. Courts generally prefer that parties attempt to resolve discovery disputes before bringing them to the court. Furthermore, if a party brings a motion to compel based on the opposing party's objection or other failure to answer an interrogatory or respond to a request for production (RFP), or a motion to determine the sufficiency of responses to requests for admission (RFAs), the motion must state that the moving party has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action. MCR 2.309(C), 2.310(C)(3), 2.312(c). Moreover, local rules in some counties require the moving party's counsel to certify that he or she sought the opposing party's concurrence to the relief requested for all motions. See Mich. 3rd Jud. Cir. LCR 2.119(B). A letter such as this one may be used to help document your efforts to resolve any disputes concerning the opposing party's response to your written discovery requests. For example, you may send this letter after: • You have served an opposing party with RFPs, interrogatories, and/or RFAs • The party has responded to those discovery requests (or has failed to respond) –and– • You have found the other party's response to be insufficient This letter contains a number of different sections and options depending on the problems with the responding party's discovery responses. There are separate sections for interrogatories, RFPs, and RFAs. 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 other objection, and other potential issues. You may pick and choose from among these sections as appropriate to your specific situation. This template assumes the responding party is represented by counsel. If not, it should be addressed directly to the responding party. For more information on drafting discovery requests generally, see Document Requests: Drafting and Serving RFPs (MI), Interrogatories: Drafting and Serving Interrogatories (MI), and Requests for Admission: Drafting, Serving, and Responding to RFAs (MI). For discussion of motions to compel discovery responses, see Motion to Compel Discovery: Making and Opposing the Motion (MI). For information on sanctions for failure to respond to discovery requests, see Motion for Discovery Sanctions: Making and Opposing the Motion (MI). For related templates, see Interrogatories (MI), Requests for Production of Documents (RFPs) (MI), and Requests for Admission (MI).