Rule 1.504.Protective orders
Division V: Discovery and Inspection · Last amended January 1, 2015 · Last verified July 15, 2026
Full Text of Rule 1.504
Comment
Rule 1.504 (1). Rather than repeating the proportionality limitations contained in the scope of discovery, rule 1.504 (1) cross-references proportionality. Additionally, in recognition of the court's independent obligation to ensure the proportionality of discovery, rule 1.504 (2) expressly authorizes the court to limit sua sponte the frequency and extent of discovery. [Court Order August 28, 2014, effective January 1, 2015]
Plain-English Summary
Rule 1.504(1) lets a party, the person from whom discovery is sought, or anyone else the discovery would affect, move the court where the action is pending — or, for a deposition dispute, the court in the district where the deposition will be taken — for a protective order on a showing of good cause. The court can order that the discovery not happen at all, that it happen only on specified terms covering timing, place, or expense allocation, by an alternate method, on a narrowed set of topics, with only court-designated people present, under seal, or that trade-secret or other confidential business information be disclosed only in a designated way, among the other options the rule lists.
Rather than restate the proportionality factors, the rule cross-references Rule 1.503(8) and lets the court limit discovery's frequency or extent on its own, without any party even asking, reflecting the court's independent duty to police proportionality. The rule also protects electronically stored information a party identifies as not reasonably accessible because of undue burden or cost — the resisting party has to make that showing first, and even then the court can still order the discovery for good cause, subject to whatever conditions it specifies.
Like Rule 1.501's discovery-motion certification, a motion for a protective order must certify that the movant personally tried, in good faith, to work out the dispute with the other side, and must identify when that happened. If the court denies the motion in whole or in part, it can instead order the discovery to proceed on fair terms, with expense-shifting available under Rule 1.517(1)(d).
Frequently Asked Questions
Who can ask for a protective order under Rule 1.504?
A party to the case, the person from whom discovery is sought, or any person who may be affected by it, on a showing of good cause.
What kinds of protection can a court order under Rule 1.504?
Options range from barring the discovery entirely to limiting its terms, method, or scope, restricting who can be present, requiring material to be sealed, or requiring confidential business information to be disclosed only in a designated way.
Do I need to talk to the other side before filing a motion for a protective order?
Yes. The motion must include a certification that you personally spoke with, or tried to speak with, the other affected parties in a good-faith effort to resolve the dispute, identifying when.
Can I refuse to produce electronically stored information because it's too costly to retrieve?
You can identify it as not reasonably accessible because of undue burden or cost, but you must make that showing to the court. Even then, the court can still order the discovery for good cause, considering the proportionality factors in Rule 1.503(8).
What happens if my motion for a protective order is denied?
The court can order that discovery proceed on whatever terms and conditions are just, and expense-shifting under Rule 1.517(1)(d) may apply to the motion itself.