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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. 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."

II. Samples

# PDF Comments
1TBD case. Pro Se Filing. USFLMD. Non-Party. Defendant Employee. Lack Standing/Merit. Bifurcated
2✓✓ PO Denied! 2007. USNYWD. Attorney Filing. De Bene Esse Deposition. Proper Notice.
3X PO Granted. 2007. USNYWD. Attorney Filing. Confidentiality Stipulation.
4X PO Granted. 2007. USNYWD. Attorney Filing. Tax Returns. Boilerplate objections.
5¿ Unknown Result ? 2018. Duval. Attorney Filing. Great Text on Attorney-Client Privilege.
6X PO Granted. 2000. DOAH. Attorney Filing. Tax Returns. Standing. Non-Party.
7✓✓ PO Denied! 2001. DOAH. Attorney Filing. Boilerplate Objections.
8X ✓ PO Partially Denied! 2004. DOAH. Attorney Filing. Deposition. Scandalous.
9✓ ✓ 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.
14X PO Granted. 2013. DOAH. Attorney Filing. Good Citations. Lawyer Fight.
15X PO Granted. 2016. DOAH. Attorney Filing. Property Rights.
16X ✓ PO Partially Denied! 2017. DOAH. Attorney Filing. (Great Text)
17✓ ✓ PO Denied! 2017. DOAH. Attorney Filing. Deposition.

III. Templates

# Word Comments
1DOAH | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").
2USFLMD | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

V. 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.

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

Please get the justice you deserve.

Sincerely,



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