--- name: wa-discovery description: > This skill should be used when drafting, responding to, or compelling discovery in a Washington civil case across any subject matter. Triggers include "requests for production", "interrogatories", "RFA", "requests for admission", "meet and confer", "CR 26(i) conference", "CRLJ 26(f) conference", "motion to compel", "discovery responses", "discovery objections", "RFP objections", "privilege log", "proportionality", "CR 33 limits", "CR 34", "CR 36", "CR 37", "CRLJ 37". Covers the matter-neutral procedural framework: discovery request drafting, response drafting and objections, meet-and-confer mechanics, and the full motion-to-compel workflow with mandatory fee-shifting under CR 37(a). Subject-matter-specific request banks (e.g., debt-buyer RFPs targeting chain of title) live with the relevant subject-matter skill (e.g., wa-consumer-debt). Compose with wa-statewide-format, wa-pro-se, wa-law-references, wa-draft-motion, and wa-fact-check. version: 0.2.0 --- # Washington Discovery Practice Discovery is where civil cases are won or lost. This skill covers the **matter-neutral procedure**: request and response drafting, objection frameworks, the meet-and-confer requirement, and the motion-to-compel workflow. Subject-matter-specific request banks (debt-buyer discovery targeting chain of title, landlord-tenant discovery targeting notice, etc.) live with the relevant subject-matter skill. ## What this skill covers - **Drafting** discovery requests: RFPs, interrogatories, RFAs - **Responding** to opposing discovery: objection frameworks, privilege, proportionality - **Meet and confer** letters under CR 26(i) / CRLJ 26(f) (required before any discovery motion) - **Motion to compel** under CR 37(a) / CRLJ 37(a) with mandatory fee-shifting request Matter-neutral templates live in `references/`: - `references/meet-and-confer.md` — CR 26(i) / CRLJ 26(f) letter template and certification language - `references/objection-responses.md` — objection-response framework, common misuses, how to preserve objections For subject-matter-specific request banks, see the relevant subject-matter skill (e.g., `wa-consumer-debt` provides `references/rfp-debt-buyer.md`, `references/interrogatories-debt-buyer.md`, `references/rfa-debt-buyer.md`, and `references/meet-and-confer-debt-buyer.md`). ## The CR / CRLJ framework Washington discovery is governed by Civil Rules **26–37** (superior court) and **CRLJ 26–37** (district court — largely parallel). Key rules: - **CR / CRLJ 26** — general scope. Any non-privileged matter **relevant to a claim or defense and proportional to the needs of the case** (the 2017 amendment adopted federal-style proportionality). - **CR 26(i) / CRLJ 26(f)** — **conference of counsel** required before filing any discovery motion. - **CR 33 / CRLJ 33** — interrogatories to parties. - **CR 34 / CRLJ 34** — requests for production of documents. - **CR 36 / CRLJ 36** — requests for admission. - **CR 37 / CRLJ 37** — motion to compel and sanctions. ### Timing - **Response period** — 30 days from service (verify against current rule text via `wa-law-references/references/online-sources.md`). - **Add 3 days** for service by mail (CR 6(e) / CRLJ 6(d)). - **Email service** — only with consent (CR 5(b)). ### Limits - **CR 33(b)** — 40 interrogatories per party in superior court, including subparts, unless court orders more. - **CRLJ 33** — similar limits; verify current rule text. - **No preset limit on RFPs or RFAs**, but proportionality constraints apply under CR 26(b)(1). ## Drafting principle: aim at the element the opposing party must prove or defend Every discovery request should target an **element** the opposing party must prove or defend. A request that does not map to an element is likely objectionable as not proportional. Mapping an element-by-element strategy is subject-matter specific: - In a **debt-collection** case, elements include standing, agreement, performance, breach, and damages — see `wa-consumer-debt/SKILL.md` for the full element list and request bank. - In a **landlord-tenant** case, elements typically include the tenancy, notice, breach, and damages. - In a **tort** case, elements typically include duty, breach, causation, and damages. Subject-matter skills supply the element list and the ready-to-adapt request bank. This skill supplies the procedural framework. ## Drafting checklist (matter-neutral) - [ ] Define terms once (usually numbered paragraph at the start) - [ ] Use plain English — do not reuse boilerplate that assumes a different case - [ ] Specify time frames ("from origination to date of filing") - [ ] Reference documents by specific name when known - [ ] Identify the element the request targets (keeps proportionality challenges simple) - [ ] Number sequentially and consistently - [ ] Include a short certificate of service at the end ## Response strategy when you are the responder ### Preserve objections up front Every response should begin with a **General Objections** section preserving: - Attorney-client privilege - Work-product doctrine - Proportionality / CR 26(b)(1) - Relevance - Overbreadth / unduly burdensome - Other privileges (marital, clergy, medical — if applicable) ### Respond to each request For each request: 1. Restate the request 2. State specific objections (in addition to general objections) 3. **Subject to and without waiving** the objections, respond 4. For **RFPs** — identify the responsive documents by Bates range or description; never say "all documents in my possession" without specifying what those are 5. For **IROGs** — answer fully or state that no responsive information exists 6. For **RFAs** — admit, deny, or state that after reasonable inquiry the matter cannot be admitted or denied (requires showing actual inquiry) ### Sign under oath Interrogatory responses must be **verified under penalty of perjury** (CR 33). RFP and RFA responses are signed by counsel (or pro se party) as a representation under CR 26(g) — which carries CR 11-like consequences for unfounded responses. ## Meet and confer — CR 26(i) / CRLJ 26(f) **You cannot file a motion to compel without a prior meet-and-confer effort.** The motion must include a certification. Format of a CR 26(i) effort: 1. **Written request** listing deficient responses (not a rant — a letter) 2. **Reasonable time for response** (typically 7–10 business days) 3. **Phone or Zoom follow-up** if the written request is not substantively answered 4. **Certification language** in the motion describing the effort Template at `references/meet-and-confer.md`. Subject-matter skills may supply pattern paragraphs for common deficiencies (e.g., `wa-consumer-debt/references/meet-and-confer-debt-buyer.md`). Do **not** skip this step. Courts routinely deny motions to compel that lack proper certification. ## Motion to compel workflow 1. **Identify the deficient responses** specifically — by request number and by reason (non-response, incomplete, privileged without log, etc.) 2. **Meet and confer** in writing and document the effort 3. **Draft the motion to compel** (via the `wa-draft-motion` skill): - Cite CR / CRLJ 37(a) - Include CR 26(i) / CRLJ 26(f) certification - Request **expenses under CR 37(a)(4) / (a)(5)** (mandatory if motion granted — see `wa-law-references/references/fees-and-costs.md`) - Request order compelling specific relief (production, verified answer, deemed admission) 4. **Note the motion** (via the `wa-draft-note` skill) 5. **Draft proposed order** (via the `wa-draft-order` skill) 6. **Serve and file** with Certificate of Service (via the `wa-file-packet` skill) ## Typical discovery sequence Most civil cases benefit from staged discovery: - **Round 1** — foundational / threshold issues (standing, notice, the core transaction) - **Round 2** — merits detail (damages, performance, causation) - **Round 3** — counterclaim predicate (if counterclaim pleaded) Timing: after each round, assess gaps; move to compel on the largest gaps before the next round; continue through roughly 60 days before trial unless the court sets a tighter cutoff. Subject-matter skills (e.g., `wa-consumer-debt`) specify the contents of each round for their subject. ## Notes - **Read the responses carefully** — opposing objections frequently waive through incomplete preservation. - **Keep a discovery log** — date served, response due, response received, deficiencies identified, meet-and-confer sent, motion filed. - **Calendar the 30-day deadlines rigorously** — missed RFA deadlines deem the RFA admitted under CR 36(a). - **Do not over-request** — a focused 15-request RFP set is more effective than a 100-request set. - **Not legal advice.** This skill orchestrates draft generation; the user is responsible for every word filed.