Protective orders

From LegalLanding

FRCP Rule 26(c) allows protective orders, the most flexible tool to limit discovery. A party can ask to protect an item or a person; or alternatively suggest a different tool be used. It can be used to prevent the disclosure of information through any discovery tool. A protective order is a shield, in that the judge can deny discovery, give partial discovery, or can impose conditions such as confidentiality.

A protective order cannot be used or requested until the “meet and confer” rule has been satisfied. A party needs a paper record showing they have tried to contact the other side and that they were uncooperative. The party seeking the protective order has the burden of showing “good cause,” including (but not limited to) annoyance, embarrassment, oppression, undue burden or expense. Relevance will be part of the argument, as well.

Protective orders also come up in FRCP Rule 37. You need to ask for a protective order if you are not going to turn over material that is otherwise discoverable. Otherwise you face sanctions (see Sources of Sanctions).