Motion for a Protective Order

When the motion for a protective order is used

Timing: before the discovery in question takes place, where possible. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties to resolve the dispute without court action (Rule 26(c)(1)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 26(c) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for a protective order in state court

This page covers the federal version. In state court, the motion for a protective order may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Protective order: a court order limiting discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.
• 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.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Compel Discovery: a request that the court order a party to make disclosures or respond to discovery.
• Motion to Quash or Modify a Subpoena: a request asking the court to cancel or narrow a subpoena.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.