Discovery and evidence
Protective Order
A protective order is a court order limiting how discovery material can be used or shared, usually to guard confidential business or personal information.
Most are entered by agreement at the start of discovery and create tiers such as confidential and attorneys' eyes only. Material designated under the order can be used in the case but not published or given to competitors.
A protective order is not the same as sealing. When confidential material is attached to a motion, the party still has to justify sealing it, because the public's right of access to court filings is stronger than its interest in raw discovery.
For anyone researching a case, an early protective order predicts a thinner public record. Exhibits will be filed in redacted form, deposition excerpts may be sealed, and the most informative material may never be visible at all.
How it appears on a docket
STIPULATED PROTECTIVE ORDER entered governing the treatment of confidential and highly confidential discovery material.
Governing rule
Fed. R. Civ. P. 26(c)
Related terms
- Sealed Document — A sealed document is a filing the court has ordered kept out of public view, so it appears on the docket but cannot be opened by the public.
- Subpoena — A subpoena is a court-backed command to appear and testify or to produce documents, and it can reach people who are not parties to the case.
More on discovery and evidence
See this term in a real case
Search federal court records and read the filings where protective order actually shows up. New to federal dockets? Start with how to find a federal case.