Protective Orders: Overview (Federal)

by Practical Law Litigation

A Practice Note providing an overview of protective orders in federal civil litigation under Federal Rule of Civil Procedure (FRCP) 26(c). This Note explains the purpose of a protective order and discusses the critical requirement for a party to demonstrate good cause for a court to grant a protective order, including the need to show specific prejudice or harm. This Note explores the different types of relief a court may grant, such as forbidding or limiting the scope of discovery, protecting trade secrets or other confidential commercial information, and sealing depositions or documents. Additionally, it distinguishes between stipulated confidentiality agreements and contested motions for a protective order. It also outlines the procedural requirements for filing a motion, such as the meet-and-confer certification and where the motion should be filed, providing guidance on navigating the process of safeguarding sensitive information during discovery.