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Art. 1426.Protective Orders

Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 1995 · Last verified July 30, 2026

In one sentenceArticle 1426 lets a court limit, condition, or forbid discovery for good cause to protect a party or witness from annoyance, embarrassment, oppression, or undue burden, but bars any order that would conceal information about a genuine public hazard unless that information is itself a trade secret.

Full Text of Art. 1426

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A. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court in the district where the deposition is to be taken may make any order which 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 may be had only on specified terms and conditions, including a designation of the time or place.
(3) That the discovery may be had only by a method of discovery other than that selected by the party seeking discovery.
(4) That certain matters not be inquired into, or that the scope of the discovery be limited to certain matters.
(5) That discovery be conducted with no one present except persons designated by the court.
(6) That a deposition after being sealed be opened only by order of the court.
(7) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way.
(8) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the courts.
B. 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. The provisions of Article 1469 apply to the award of expenses incurred in relation to the motion.
C. No provision of this Article authorizes a court to issue a protective order preventing or limiting discovery or ordering records sealed if the information or material sought to be protected relates to a public hazard or relates to information which may be useful to members of the public in protecting themselves from injury that might result from such public hazard, unless such information or material sought to be protected is a trade secret or other confidential research, development, or commercial information.
D. Any portion of an agreement or contract which has the purpose or effect of concealing a public hazard, any information relating to a public hazard, or any information which may be useful to members of the public in protecting themselves from injury that might result from a public hazard is null and shall be void and unenforceable as contrary to public policy, unless such information is a trade secret or other confidential research, development, or commercial information.
E. Any substantially affected person or any representative of the news media has standing to contest any order or judgment that violates the provisions of Paragraph C of this Article or any agreement or contract contrary to public policy pursuant to Paragraph D of this Article.
End

Amendment History

Acts 1976, No. 574, §1; Acts 1995, No. 49, §1.

Plain-English Summary

On motion by a party or by the person being asked for discovery, and for good cause, the court can enter whatever protective order justice requires. Article 1426 lists eight specific tools: forbidding the discovery outright, allowing it only on set terms, requiring a different method than the one chosen, limiting the matters that can be asked about, restricting who's present, requiring a deposition to stay sealed until the court orders otherwise, protecting a trade secret or confidential commercial information, and directing that documents be filed sealed for the court to open. If the motion is denied, the court can still order the discovery to go forward on fair terms, with expenses shifted under Article 1469.

Louisiana draws a firm line around one category of information. No protective order under this article can seal or block discovery of material that relates to a public hazard, or that the public could use to protect itself from an injury that hazard might cause -- unless that same material also happens to be a genuine trade secret or other confidential research, development, or commercial information.

The article backs that line with two more protections. A contract clause written to conceal a public hazard, or information about one, is void and unenforceable as contrary to public policy, subject to the same trade-secret exception. And anyone substantially affected -- including a news-media representative -- has standing to challenge an order or agreement that crosses this line, even if they weren't a party to the case that produced it.

Frequently Asked Questions

What can a Louisiana court do to protect a party from abusive discovery?

For good cause, it can forbid the discovery, allow it only on set terms, require a different method, limit the subject matter, restrict who's present, or protect a trade secret, among other options listed in Article 1426.

Can a company get a protective order to hide a product-safety danger from the public?

No. Paragraph C bars a protective order from sealing or blocking discovery of information about a public hazard, unless that information is itself a genuine trade secret.

What happens if my motion for a protective order is denied?

The court can still order the discovery to proceed on fair terms, and the requesting side may end up covering the other party's reasonable expenses.

Can a settlement agreement require both sides to keep a public-safety danger secret?

No. Paragraph D makes any such contract clause void and unenforceable as contrary to public policy, with the same narrow trade-secret exception.

Who can challenge a protective order that improperly conceals a public hazard?

Any substantially affected person or news-media representative has standing under Paragraph E, whether or not they were a party to the case.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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