Section 4012. Protective Orders

(a) Upon motion by a party or by the person from whom discovery or deposition is sought, and for good cause shown, the court may make any order which justice requires to protect a party or person from unreasonable annoyance, embarrassment, oppression, burden or expense, including one or more of the following:

(1) that the discovery or deposition shall be prohibited;

(2) that the discovery or deposition shall be only on specified terms and conditions, including a designation of the time and place;

(3) that the discovery or deposition shall be only by a method of discovery or deposition other than that selected by the party seeking discovery or deposition;

(4) that certain matters shall not be inquired into;

(5) that the scope of discovery or deposition shall be limited;

(6) that discovery or deposition shall be conducted with no one present except persons designated by the court;

(7) that a deposition shall be sealed and shall be opened only by order of the court;

(8) that the parties simultaneously shall file specified documents or information enclosed in sealed envelopes to be opened as directed by the court;

(9) that a trade secret or other confidential research, development or commercial information shall not be disclosed or be disclosed only in a designated way.

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.

Official Note

Motions for a protective order are governed by the motion rules, Rule 208.1 et seq. A court of common pleas, by local rule numbered Local Rule 208.2(e), may require that the motion contain a certification that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action.

(b) At any time during the taking of a deposition, on motion of any party or of the deponent, the court may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in subdivision (a). If the order made terminates the examination it shall be resumed thereafter only upon order of the court. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order and to obtain the court’s ruling thereon.

The provisions of this Rule 4012 amended November 20, 1978, effective April 16, 1979, 8 Pa.B. 3551; amended October 24, 2003, effective 9 months after the date of the Order, 33 Pa.B. 5506. Immediately preceding text appears at serial pages (243960) to (243961) and (255409).

Notation

Explanatory Note

Under the prior practice, protective orders were available in depositions or discovery on oral examination (Rule 4012) or on written interrogatories (Rule 4004(e)). They were not specifically included in interrogatories to parties (Rule 4005) or in general discovery (Rule 4007). The amendment provides a comprehensive Rule which covers all depositions and all discovery. This follows Fed. R.Civ.P. 26(c).

The eight subdivisions of prior Rule 4012(a) remain, with stylistic changes which broaden their scope. No major change is made in principle. A new ninth subdivision is added, transposing the provisions of former Rule 4011(c) dealing with trade secrets, research and development. The nine subdivisions are defined as examples of the broad principle of protecting against ‘‘unreasonable annoyance, embarrassment, oppression, burden or expense.’’ The power of the court should be adequate to furnish any needed protection.

A self-explanatory clause is added at the end of subdivision (a) empowering the court, if it denies the protective order, to order that discovery go forward.

The amendment permits a simple motion procedure for a protective order. This is not necessarily the exclusive procedure for obtaining relief. The various forms of protective order authorized by the Rule can be included by the court in orders entered at other stages of the litigation, if appropriate. For example, a stay of all proceedings will automatically block any pending or prospective discovery.

The last sentence of former subdivision (b) is deleted, since all provisions for expenses and attorneys’ fees as sanctions are consolidated in Rule 4019, infra.