§ 26.44. Protective orders.
170 words·~1 min read·
/us/cfr/t24/s§ 26.44·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A party, a prospective witness, or a deponent may file a motion for a protective order with respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence.
(b)Protective orders may be issued by an ALJ if the ALJ determines such an order is necessary to protect a party or other person from annoyance, embarrassment, oppression, or undue burden or expense because:
(1)The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;
(2)The party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or
(3)The burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.