How-To: Respond to a Motion for Protective Order

Background:	You propounded discovery on an individual/organization
Problem:	A party has moved the Court to prevent you from contacting him/her/it
Solution:	You ask the Court to deny that party's motion for protective order

I. Definitions

Discovery

modern pretrial procedure by which one party gains information held by the adverse party, concerning the case; the disclosure by the adverse party of facts, deeds and documents that are exclusively within his or her possession or knowledge and that are necessary to support the other party's position. Common types of discovery are depositions, interrogatories, production of documents and requests for admissions.

EXAMPLE: Alina gets into an accident when her rear wheels stop for no reason, causing the car to skid into a highway divider. In her lawsuit against the car manufacturer, Alina uses the discovery procedure to obtain memos and test run results that the manufacturer used in designing the car. Without discovery, Alina may not be able to acquire that information.

Protective Order

any order issued for the purpose of protecting a party from some abuse of the legal system. Under federal rules of civil procedure the court may make any order that justice requires to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense. The rule specifically mentions various discovery matters, including the time, place, and subject matter of discovery, and the protection of trade secrets. Under federal rules of criminal procedure the court is specifically authorized to limit discovery in criminal cases as may be appropriate.

II. Legal Citations

Rule 26(b)(1) Fed. R. Civ. P. | Discovery Scope and Limits

"Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case"

Rule 26(c)(2) Fed. R. Civ. P. | Protective Orders

“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”

Rule 45(d)(3) Fed. R. Civ. P. | Subpoena Enforcement

"(A) When Required. On timely motion, the court for the district where compliance is required..."
"(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required..."

Rule 1.280(c) Fla. R. Civ. P. | Protective Orders

"When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection."

Section VII-B Middle District Discovery | Effect of Filing a Motion for a Protective Order

"The mere filing of a motion for a protective order does not, absent an order of the Court granting the motion, excuse the moving party from complying with the requested or scheduled discovery."

III. Samples

#	PDF	Comments	₧
01		TBD case. Pro Se Filing. USFLMD. Non-Party. Defendant Employee. Lack Standing/Merit. Bifurcated
02		✓✓ PO Denied! 2007. USNYWD. Attorney Filing. De Bene Esse Deposition. Proper Notice.
03		X PO Granted. 2007. USNYWD. Attorney Filing. Confidentiality Stipulation.
04		X PO Granted. 2007. USNYWD. Attorney Filing. Tax Returns. Boilerplate objections.
05		¿ Unknown Result ? 2018. Duval. Attorney Filing. Great Text on Attorney-Client Privilege.
06		X PO Granted. 2000. DOAH. Attorney Filing. Tax Returns. Standing. Non-Party.
07		✓✓ PO Denied! 2001. DOAH. Attorney Filing. Boilerplate Objections.
08		X ✓ PO Partially Denied! 2004. DOAH. Attorney Filing. Deposition. Scandalous.
09		✓ ✓ PO Denied! 2006. DOAH. Attorney Filing. "Apex Doctrine"
10		✓✓ PO Denied! 2006. DOAH. Attorney Filing. Boilerplate Objections. +Quash.
11		¿ Unknown Result ? 2011. DOAH. Attorney Filing. Relevance. Civil Rights.
12		¿ Unknown Result ? 2011. DOAH. Attorney Filing. Deposition. +Quash.
13		✓ ✓ PO Denied! 2012. DOAH. Attorney Filing. Great Citations.
14		X PO Granted. 2013. DOAH. Attorney Filing. Good Citations. Lawyer Fight.
15		X PO Granted. 2016. DOAH. Attorney Filing. Property Rights.
16		X ✓ PO Partially Denied! 2017. DOAH. Attorney Filing. (Great Text)
17		✓ ✓ PO Denied! 2017. DOAH. Attorney Filing. Deposition.

IV. Templates

#	Link	Comments	₧
01		DOAH \| Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").
02		USFLMD \| Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").

V. Application

Important Note: The Judge has "broad discretion" for handling Motions for Protective Order.
"We also find that the provision for protective orders in the Washington Rules requires, in itself, no heightened First Amendment scrutiny. To be sure, Rule 26(c) confers broad discretion on the trial court to decide when a protective order is appropriate and what degree of protection is required. The Legislature of the State of Washington, following the example of the Congress in its approval of the Federal Rules of Civil Procedure, has determined that such discretion is necessary, and we find no reason to disagree."
- see Seattle Times Co. v. Rhinehart, 467 U.S. 20, 36 (1984)

VI. Quick Commentary

Note: Defendants file Motions for Protective Order on an almost routine basis
Note: Defendants usually accompany Motions for Protective Orders with Motions to Quash
Note: Local Rule 3.04(b) (USFLMD) discusses Motions for Protective Orders that deal with non-resident depositions.
Good News: Your opponent will likely use plenty of boilerplate objections
- point these out
- combat them by saying the objections are hollow (if indeed they are)
Pro Se Tip: Supply the Court with facts/information that supports the relevance/need of the disputed discovery subject
- consider attaching an Affidavit
- consider attaching corroborating Exhibits
Download as many sample documents as you'd like
- Contact TBD for more free samples
Also, feel free to use the templates (see Part IV - above) to help draft your 'Response to Defendant's Motion for Protective Order'
Save the final version as a PDF file.
File it in court (or at DOAH)

VII. Bibliography

Seattle Times Co. v. Rhinehart, 467 U.S. 20, 36 (1984)

VIII. Conclusion

Motions for Protective Orders are common to civil rights litigation. They can hinder your chances to prevail at trial (and/or negotiate a proper settlement). Plus, the decision to protect/permit is almost entirely up to the Judge. Therefore, learn how to overcome this obstacle.

Hopefully, the samples and templates listed on this page can guide you along.

...POINTS & THINGS...

Congratulations! You're now booked up on how to Respond to a Motion for Protective Order!

Please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

How-To: Respond to a Motion for Protective Order

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

VI. Quick Commentary

VII. Bibliography

VIII. Conclusion

...POINTS & THINGS...

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How-To: Respond to a Motion for Protective Order

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

VI. Quick Commentary

VII. Bibliography

VIII. Conclusion

...POINTS & THINGS...

Pages That YouMight Also Like

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages That You
Might Also Like

thank you, come again!
TBD 1.037