Rule 26.03 - Protective Orders(a) In General. 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 location or the allocation of expenses, for the disclosure or discovery:(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; or(8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.(b) Ordering Discovery. 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.(c) Awarding Expenses. Rule 37.01(d) applies to the award of expenses incurred in coimection with the motion.Amended effective 7/1/2018.Advisory Committee Comment-2018 Amendments
Rule 26.03 is amended to adopt a change made to Fed. R Civ. P. 26(c) in 2015. The amendment explicitly provides that cost-shifting is one option available to the court in implementing protective relief, where expropriate. The rule is not intended to make cost-shifting a routine part of discovery motions, but recognizes that there are some situations where it is expropriate. The rule is also subdivided and rmmbered to make it easier to use and cite; the headings are not intended to affect the interpretation of the rule.