Section 5.362. 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 presiding officer may make an 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) The discovery or deposition shall be prohibited.

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

(3) The scope of discovery or deposition shall be limited and that certain matters may not be inquired into.

(4) Discovery or deposition shall be conducted with no one present except persons designated by the presiding officer.

(5) A deposition shall be sealed and shall be opened only by order of the presiding officer.

(6) The parties simultaneously shall file specified documents or information enclosed in sealed envelopes to be opened as directed by the presiding officer.

(7) A trade secret or other confidential research, development or commercial information may not be disclosed or be disclosed only in a designated way. Protective orders to protect or limit this type of information shall be issued under § 5.423 (relating to orders to limit availability of proprietary information).

(b) If the motion for a protective order is denied in whole or in part, the presiding officer may order that a party or person provide or permit discovery.

(c) During the taking of a deposition on motion of a party or of the deponent, the presiding officer or other administrative law judge may order the officer conducting the examination to cease from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in subsection (a). 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 presiding officer’s ruling.

The provisions of this § 5.362 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended December 2, 1988, effective January 3, 1989, 18 Pa.B. 5451; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097. Immediately preceding text appears at serial pages (263609) to (263610).

Notation

Authority

The provisions of this § 5.362 amended under the Public Utility Code, 66 Pa.C.S. § § 309—311, 315, 331—335, 501, 504—506, 701—703, 1101—1103, 1301 and 1501.

Cross References

This section cited in 52 Pa. Code § 5.345 (relating to procedure on depositions by written questions).