Protective order

What protective order means

In short, protective order is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where protective order comes up

For example, the term appears in these procedures:

• Motion for a Protective Order (Fed. R. Civ. P. 26(c)): a request that the court, for good cause, protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense in discovery.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses protective order in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Privilege: a legal right to withhold certain information from discovery or testimony, such as attorney-client privilege.
• Attorney-client privilege: a privilege that generally protects confidential communications between a lawyer and client made to obtain or give legal advice. Its scope is defined by the law that applies.
• Work product: materials prepared in anticipation of litigation or for trial, which receive protection from discovery under Federal Rule of Civil Procedure 26(b)(3).
• Meet and confer: a required good-faith attempt by the parties to resolve a dispute before asking the court to decide it.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.