# NOTICE OF NON-COMPLIANCE -- OPPOSING COUNSEL

**[NY] Demand for Good Faith Compliance with Discovery and Procedural Rules**

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**TO:** {{Counsel Name}}, Esq., Counsel for {{Opposing Party}}<br>
**FROM:** {{Your Name}}, {{Pro Se / Counsel for Party}}<br>
**DATE:** {{Date}}<br>
**CASE:** {{Caption}} | Index No. {{Number}}<br>
**COURT:** {{Court Name and County}}<br>
**SUBJECT:** Notice of Non-Compliance with Discovery, Disclosure, and Ethical Duties

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**NOTE:** This notice assumes good faith and seeks cooperative compliance with procedural requirements. It is not an accusation of misconduct, but a formal request to ensure complete record and proper procedure.

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## Legal Authority

You are bound by:

- **CPLR Article 31:** Disclosure (discovery) procedures and enforcement
- **RPC 3.4:** Fairness to opposing party and counsel; no obstruction of access to evidence
- **RPC 3.3:** Candor toward the tribunal; duty to disclose controlling adverse authority
- **22 NYCRR Section 130-1.1:** Sanctions for frivolous conduct
- **RPC 8.4:** Prohibition on conduct involving dishonesty, fraud, deceit, or misrepresentation

## Procedural Status

As of {{date}}, the record does not reflect:

1. **Respond to discovery:** No response to {{document requests / interrogatories / notice for deposition}} served on {{date}}, now {{X}} days overdue.
2. **Produce documents:** Failed to produce {{category of documents}} as ordered by the court on {{date}}.
3. **Provide required disclosures:** No {{automatic disclosure statement / witness list / expert disclosure}} as required by {{rule/order}}.
4. **Correct misrepresentations:** Misstatements in {{pleading/brief/oral argument}} regarding {{specific factual or legal claim}} remain uncorrected despite {{prior notice/order}}.
5. {{Additional deficiencies as applicable}}

## Demand

You are demanded to:

1. **Provide complete responses** to outstanding discovery requests within {{X}} business days.
2. **Produce documents** as ordered or provide privilege log and legal basis for withholding.
3. **Correct misrepresentations** by filing amended {{pleading/brief}} or written stipulation acknowledging error.
4. **Confirm compliance** in writing to all parties and the court.

## Cooperative Resolution

If the requested actions are completed within {{X}} business days, no further action is necessary. This notice will serve only as record preservation for procedural compliance.

## Preservation Notice

This notice preserves the procedural record for:

- Potential motion to compel if informal resolution fails (CPLR Section 3124)
- Court's consideration of discovery compliance
- Administrative record of good-faith compliance efforts

If informal resolution is unsuccessful, you may need to file a motion to compel discovery under CPLR Article 31. The court has discretion to award costs and impose sanctions for discovery violations under CPLR Section 3126 and 22 NYCRR Section 130-1.1.

## Service

Served via {{NYSCEF / email / certified mail}} on {{date}}.

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**Certification of Service**

I certify that this Notice of Non-Compliance was served upon {{Counsel Name}} via {{method}} on {{date}}.

{{Your Signature}}
{{Your Name}}
{{Address}}
{{Phone}}
{{Email}}