A protective order restricts how produced material may be used and who may see it. Orders commonly establish confidentiality tiers, limit use to the litigation, require return or destruction at conclusion, and govern filing under seal.
Rule 26(c) also permits orders limiting the scope or manner of discovery itself to prevent undue burden.
Alternative Names:
Confidentiality Order, Discovery Protective Order
Why it Matters?
Two distinct instruments share the name, and conflating them causes confusion: the stipulated confidentiality order governing produced material, and the Rule 26(c) motion seeking relief from burdensome discovery. Both matter, but the stipulated order is entered in nearly every case with sensitive material and should be negotiated early, since retrofitting confidentiality onto documents already produced is difficult.
Frequently Confused with
Related terms
Frequently asked questions
What does a protective order cover?
Do all states allow broad confidentiality orders?
