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Rule 2-403 – Protective Orders

May 13, 2021 | Civil Prodcedure, Maryland

(a) Motion. On motion of a party, a person from whom discovery is sought, or a person named or depicted in an item sought to be discovered, and for good cause shown, the court may enter any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(1) that the discovery not be had,
(2) that the discovery not be had until other designated discovery has been completed, a pretrial conference has taken place, or some other event or proceeding has occurred,
(3) that the discovery may be had only on specified terms and conditions, including an allocation of the expenses or a designation of the time or place,
(4) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery,
(5) that certain matters not be inquired into or that the scope of the discovery be limited to certain matters,
(6) that discovery be conducted with no one present except persons designated by the court,
(7) that a deposition, after being sealed, be opened only by order of the court,
(8) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way,
(9) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.
(b) Order. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.

Md. R. Civ. P. Cir. Ct. 2-403

This Rule is derived as follows:

Section (a) is derived from the 1980 version of Fed. R. Civ. P. 26(c) and the 1980 version of Fed. R. Civ. P. 33(b) and from former Rule 406 a.

Section (b) is derived from the 1980 version of Fed. R. Civ. P. 26(c).

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004; Oct. 4, 2012, eff. Jan. 1, 2013.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.

2012 Orders

The October 4, 2012, order, added language to section (a) that refers to persons named or depicted in an item sought to be discovered and made stylistic changes.