Also known as: protective orders · order of protection · orders of protection · restraining order · protection order
Written by attorneys · grounded in primary & secondary sources — see below
A court order that limits or conditions discovery or other proceedings to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. The movant must certify a good-faith effort to resolve the dispute without court action before seeking relief.
Parker Phillips sued Prism Analytics for breach of a data services contract. Prism Analytics noticed a deposition of its CEO and requested production of thousands of internal strategy documents. After conferring with opposing counsel without success, Parker Phillips moved for a protective order limiting the deposition topics and requiring cost-shifting for document review. The court granted the motion and narrowed the scope of discovery.
The prosecutor learned of a confidential informant whose identity would endanger the witness if revealed. After determining that the information tended to negate the accused's guilt, the prosecutor moved for a protective order excusing timely disclosure to defense counsel. The court issued the order and directed that the information remain sealed pending further proceedings.
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Pacific Bank, a limited partner, filed a derivative action alleging mismanagement by the general partner of Pioneer Energy. The partnership appointed a special litigation committee that recommended dismissal. Pacific Bank moved for extraordinary relief in the form of a temporary restraining order halting further partnership actions. The court granted the order to preserve the status quo during the investigation.
Prime Logistics sought a preliminary injunction to prevent a competitor from using allegedly misappropriated routing software. The court indicated it would grant the injunction only if Prime Logistics posted security sufficient to cover any damages if the injunction later proved wrongful. Prime Logistics deposited the required bond and the injunction issued.
Patricia Patel, a former White House aide, received a subpoena for documents in a criminal investigation. She asserted executive privilege over certain materials and moved for a protective order sealing the documents pending resolution of the privilege claim. The court granted the order and directed in-camera review before any production.
Penelope Price, an internet service provider, challenged a statute regulating indecent online communications. The government sought a protective order limiting discovery into internal content-moderation policies to avoid public disclosure of sensitive algorithms. The court issued the order restricting access to designated counsel only.
The movant must certify that it has in good faith conferred or attempted to confer with other affected parties to resolve the dispute without court action. This certification is a prerequisite to the court's consideration of the motion.
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A prosecutor may obtain a protective order when timely disclosure would jeopardize a witness or undermine an investigation. The order relieves the prosecutor of the duty to disclose under Rule 3.8(d) until further court order.
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The responding party must show that the information is not reasonably accessible because of undue burden or cost. Even then the court may order discovery if the requesting party demonstrates good cause after considering proportionality factors.
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A party who receives less than fourteen days' notice of a deposition and promptly moves for a protective order may prevent use of the deposition against it if the motion remains pending when the deposition occurs.
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…violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business.…