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a. FRCP 26(c)(1): Protective Orders In General.
(1) A party or any person from who discovery is sought may move for a protective order in
(a) the court where the action is pending; or
(b) [as an alternative on matters relating to a deposition] in the court for the district where the deposition will be taken.
(2) The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action.
(3) The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(a) forbidding the disclosure or discovery;
(b) specifying the terms, including time and place, for the disclosure or discovery;
(c) prescribing a discovery method other than the one selected by the party seeking discovery;
(d) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;
(e) designating the persons who may be present while discovery is conducted;
(f) requiring that a deposition be sealed and opened only on court order;
(g) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and
(h) requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the court directs.
b. FRCP 26(c)(2): Ordering Discovery.
(1) If a motion for a protective order is wholly or partly denied, the court may, on just terms, order that any party or person provide or permit discovery.
c. FRCP 26(c)(3): Awarding Expenses. FRCP 37(a)(5) applies to the award of expenses.
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Were there none who were discontented with what they have, the world would never reach anything better.
-Florence Nightingale
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