New York Discovery - Sample Letter to Opposing Counsel regarding Deposition and Subpoena Duces Tecum

• Category: Letters - Legal - Discovery
• State: Multi-State
• Control #: US-0480LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. Subject: New York Discovery — Sample Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum Dear [Opposing Counsel's Name], I hope this correspondence finds you well. I am writing to discuss the upcoming discovery process in our case and to address the issue of conducting a deposition and issuing a subpoena duces tecum. As per New York Civil Practice Law and Rules (CPR), we are obliged to engage in full and fair discovery, exchanging information relevant to our case. 1. Deposition: A deposition plays a vital role in gathering evidence and obtaining sworn testimony from a witness or a party involved in the case. It allows both sides to obtain crucial information, examine witnesses, and identify potential strengths and weaknesses in our respective positions. In accordance with CPR § 3106, I hereby propose scheduling the deposition of the following individuals: a. [List individuals' names, roles, and their relevance to the case]: Please let me know if any of the identified individuals are unavailable for the proposed deposition dates, or if you wish to add additional individuals to be deposed. 2. Subpoena Ducks Cecum: In addition to the above-mentioned depositions, we also seek relevant documents and records to build our case's evidentiary support. Pursuant to CPR § 3101anchorR § 3120, I am requesting that you produce the following documents and items, which we believe are germane to the issues at hand: a. [Specify documents or categories of documents, such as contracts, emails, correspondence, financial records, etc.]: Please be prepared to produce the requested documents and items on or before [date]. In the event that certain items are not easily producible or cannot be located, kindly inform us in writing of the reasons for non-production. 3. Responses and Preservation: All questions posed during the deposition and documentary requests made through the subpoena duces tecum should be answered fully and truthfully. I strongly encourage you to remind your client and any other relevant parties to preserve all documents, records, or electronically stored information (ESI) that may be subject to discovery, as required under CPR §3120(1anchorR §3122(a). Failure to do so would be considered a violation of the discovery process. I trust that you share my commitment to adhering to the principles of a fair and transparent discovery process. If you have any concerns, questions, or need clarification regarding the deposition or subpoena duces tecum, please do not hesitate to contact me. I believe that through effective cooperation, we can efficiently move forward in preparing our respective cases for trial. Please confirm in writing your agreement with the proposed deposition dates and your willingness to provide the requested documents and items by [date]. Thank you for your attention to this matter, and I look forward to hearing from you soon. Yours sincerely, [Your Name] [Your Contact Information]

Subject: New York Discovery — Sample Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum Dear [Opposing Counsel's Name], I hope this correspondence finds you well. I am writing to discuss the upcoming discovery process in our case and to address the issue of conducting a deposition and issuing a subpoena duces tecum. As per New York Civil Practice Law and Rules (CPR), we are obliged to engage in full and fair discovery, exchanging information relevant to our case. 1. Deposition: A deposition plays a vital role in gathering evidence and obtaining sworn testimony from a witness or a party involved in the case. It allows both sides to obtain crucial information, examine witnesses, and identify potential strengths and weaknesses in our respective positions. In accordance with CPR § 3106, I hereby propose scheduling the deposition of the following individuals: a. [List individuals' names, roles, and their relevance to the case]: Please let me know if any of the identified individuals are unavailable for the proposed deposition dates, or if you wish to add additional individuals to be deposed. 2. Subpoena Ducks Cecum: In addition to the above-mentioned depositions, we also seek relevant documents and records to build our case's evidentiary support. Pursuant to CPR § 3101anchorR § 3120, I am requesting that you produce the following documents and items, which we believe are germane to the issues at hand: a. [Specify documents or categories of documents, such as contracts, emails, correspondence, financial records, etc.]: Please be prepared to produce the requested documents and items on or before [date]. In the event that certain items are not easily producible or cannot be located, kindly inform us in writing of the reasons for non-production. 3. Responses and Preservation: All questions posed during the deposition and documentary requests made through the subpoena duces tecum should be answered fully and truthfully. I strongly encourage you to remind your client and any other relevant parties to preserve all documents, records, or electronically stored information (ESI) that may be subject to discovery, as required under CPR §3120(1anchorR §3122(a). Failure to do so would be considered a violation of the discovery process. I trust that you share my commitment to adhering to the principles of a fair and transparent discovery process. If you have any concerns, questions, or need clarification regarding the deposition or subpoena duces tecum, please do not hesitate to contact me. I believe that through effective cooperation, we can efficiently move forward in preparing our respective cases for trial. Please confirm in writing your agreement with the proposed deposition dates and your willingness to provide the requested documents and items by [date]. Thank you for your attention to this matter, and I look forward to hearing from you soon. Yours sincerely, [Your Name] [Your Contact Information]