Motion for Protective Order

 

 United States District Court
 Eastern District of New York

 

No Deadline Under FRCP

There is no deadline imposed by the Federal Rules of Civil Procedure for moving for a protective order pursuant to Rule 26.

Cut-off or Deadline

The court must set a motion cut-off date or deadline for discovery and motions. FRCP 16(b)(3).

Service of Notice, Motion and Affidavits Under the FRCP

RULES AMENDED EFFECTIVE DECEMBER 1, 2009

Editor's Note: Most United States District Courts have local rules that set forth requirements regarding the service of moving, opposing and reply papers.In many cases these local rules provide different requirements than those set forth in the FRCP. It is recommended practice to follow local rule requirements with respect to briefing schedules for motions. SmartRules Guides include coverage of all local motion practice requirements following coverage of the requirements under the FRCP.

Notice, Motion and Affidavits--14 Days Before Hearing

A written motion and notice of the hearing must be served at least 5 14 days before the time specified for the hearing, except, when the motion may be heard ex parte, when these rules set a different time; or when a court order which a party may, for good cause, apply for ex parte sets a different time. FRCP 6(c)(1)(amended eff 12/1/09). Any affidavit supporting a motion must be served with the motion. FRCP 6(c)(2)(amended eff 12/1/09).

Opposing Affidavits--7 Days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1 7 days before the hearing, unless the court permits service at another time. FRCP 6(c)(2)(amended eff 12/1/09).

Service by Mail, Delivery to Clerk, Electronic or Other Means--3 Additional Days

When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C)(mail), (D)(delivery to court clerk), (E)(electronic means), or (F)(other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a). FRCP 6(d).

Calculating the Due Date or Deadline

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6(a)(1)(amended eff 12/1/09).

When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6(a)(3)(amended eff 12/1/09).

The end of the last day of a period is defined as midnight in the court's time zone for electronic filing, and closure of the clerk's office for filing by any other means. FRCP 6(a)(4)(amended eff 12/1/09).

In determining what is the "next" day, one must continue counting in the same direction - that is, forward when computing a forward-looking period and backward when computing a backward-looking period. FRCP 6(a)(5)(amended eff 12/1/09).

Legal holidays are set forth and defined at Rule 6(a)(6). FRCP 6(a)(6)(amended eff 12/1/09).

more...

Confer in Good Faith

Before seeking judicial resolution of a discovery or non-dispositive pretrial dispute, counsel must more...

During Deposition, Notify Court By Telephone

When counsel cannot agree on a resolution during a deposition, they shall, to the extent practicable more...

Submit Letter Seeking Judicial Resolution

If counsel cannot agree on a resolution-or if they cannot obtain a telephonic ruling during a deposi more...

Opposing Party May Submit Responsive Letter

Within of receiving a letter requesting judicial resolution, any opposing party may submit a respo more...

Calculating the Due Date or Deadline

Local Rule Re Computing the Deadline

Submit No Other Papers

Except for letters and attached materials, the parties should not submit any additional papers unles more...

Court's Decision on Discovery Dispute

The Court will record or arrange for the recording of its decision in writing. This written order ma more...

Motions Involving Discovery or Disclosure Requests

In any motion or application involving discovery or disclosure requests or responses under Rule 37, more...

Set Forth Grounds

The motion or application must set forth the grounds on which the moving party is entitled to prevai more...

Attempt To Resolve Informally and Certification

The motion must include a certification that the movant has in good faith conferred or attempted to more...

Appropriate Court

A party or any person from whom discovery is sought may move for a protective order in the court whe more...

Relief Available

The court may, for good cause, issue an order to protect a party or person from annoyance, embarrass more...

(A) forbidding the disclosure or discovery; more...

(B) specifying terms, including time and place, for the disclosure or discovery; more...

(C) prescribing a discovery method other than the one selected by the party seeking discovery; more...

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to cer more...

(E) designating the persons who may be present while the discovery is conducted; more...

(F) requiring that a deposition be sealed and opened only on court order; more...

(G) requiring that a trade secret or other confidential research, development, or commercial informa more...

(H) requiring that the parties simultaneously file specified documents or information in sealed enve more...

 

Protection of Private Information

For good cause, the court may by order in a case: more...

(1) require redaction of additional information; or more...

(2) limit or prohibit a nonpartys remote electronic access to a document filed with the court.. more...

For more information regarding redaction requirements, Eastern District of New York SmartRules proc more...

Ordering Discovery

If a motion for a protective order is wholly or partly denied, the court may, on just terms, order t more...

Awarding Expenses

Rule 37(a)(5) applies to the award of expenses. . more...

Scope of Discovery

Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain di more...

Limitations -- In General

By order, the court may alter the limits in these rules on the number of depositions and interrogato more...

Limitations on Electronically Stored Information

A party need not provide discovery of electronically stored information from sources that the party more...

Factors to be Considered by the Court

On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed more...

(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some oth more...

(ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in more...

(iii) the burden or expense of the proposed discovery outweighs its likely benefit, considering the more...

Trial Preparation -- Materials

Documents and Tangible Things

Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation more...

(i) they are otherwise discoverable under Rule 26(b)(1); and more...

(ii) the party shows that it has substantial need for the materials to prepare its case and cannot, more...

Protection Against Disclosure

If the court orders discovery of those materials, it must protect against disclosure of the mental i more...

Previous Statement

Any party or other person may, on request and without the required showing, obtain the persons own p more...

(i) a written statement that the person has signed or otherwise adopted or approved; or more...

(ii) a contemporaneous stenographic, mechanical, electrical, or other recording or a transcription o more...

Trial Preparation -- Experts

Expert Who May Testify

A party may depose any person who has been identified as an expert whose opinions may be presented a more...

Expert Employed Only for Trial Preparation

Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held more...

(i) as provided in Rule 35(b); or more...

(ii) on showing exceptional circumstances under which it is impracticable for the party to obtain fa more...

Payment

Unless manifest injustice would result, the court must require that the party seeking discovery: more...

(i) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) more...

(ii) for discovery under (B), also pay the other party a fair portion of the fees and expenses it re more...

Trial Preparation -- Claiming Privilege

Information Withheld

When a party withholds information otherwise discoverable by claiming that the information is privil more...

(i) expressly make the claim; and more...

(ii) describe the nature of the documents, communications, or tangible things not produced or disclo more...

Information Produced

If information produced in discovery is subject to a claim of privilege or of protection as trial pr more...

The Duty to Preserve

The extent of the duty to preserve electronically stored information is the subject of a fast develo more...

Good Faith Loss of Electronically Stored Information

Absent exceptional circumstances, a court may not impose sanctions under the Rules on a party for fa more...

Sanctions

A request for an award of expenses on a motion for protective order is governed by Rule 37(a)(5).. more...

Eastern District of New York SmartRules procedural guide: MOTION FOR DISCOVERY SANCTIONS. more...

Motion

A motion must be made in writing, (unless made during a hearing or at trial), and must set forth wit more...

Form of Motion Papers

Every written motion must (1) be plainly written, typed, printed, or copied without erasures or inte more...

Memorandum of Law Required

Except as otherwise permitted by the court, all motions and all oppositions thereto shall be support more...

Copies of Decisions to Pro Se Litigants

In cases involving a pro se litigant, counsel shall, when serving a memorandum of law (or other subm more...

Page Limits on Briefs

Neither the Federal Rules of Civil Procedure nor the Eastern District of New York Local Rules provid more...

Specification of Statutes or Rules

For any motion based upon rules or statutes, the notice of motion must specify the rules or statutes more...

Motions Involving Discovery or Disclosure Requests

In any motion or application involving discovery or disclosure requests or responses under Rule 37, more...

Set Forth Grounds

The motion or application must set forth the grounds on which the moving party is entitled to prevai more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Local Rule Re Additional Information Required

All pleadings, motions, oppositions, and other documents must be signed by the attorney or party su more...

Additional Requirements

Eastern District of New York SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides othe more...

Eastern District of New York SmartRules procedural guide: DECLARATIONS. more...

Declaration Regarding Sanctions

Any request for sanctions in connection with discovery should include a declaration supporting the a more...

Proposed Order

Eastern District of New York SmartRules procedural guide: PROPOSED ORDER. more...

Electronic Filing Required

The general rule in the United States District Court for the Eastern District of New York is that al more...

Courtesy Copies

Courtesy copies of all electronic filings must be submitted to the judicial officer in hard copy, an more...

Check Motion and Individual Practices for Your Judge

Confirm chambers specific electronic filing requirements by clicking on the judicial officers Motion more...

Additional Information

Additional information on the Eastern District's Electronic Case Filing Program is available on the more...

Filing Fees

The fee schedule for the Eastern District of New York is available online at . more...

Traditional Filing and Service Rules

Filing and Service Required

Papers must be filed with the court, together with a certificate of service, within a reasonable tim more...

Method of Service

Service of papers must be made on all parties by mail, personal delivery, or, with the written conse more...

Fax Service Only By Prior Written Agreement

No papers shall be served by fax unless the parties agree in writing in advance to accept service by more...

Service by Overnight Delivery

Opposition papers may be served on an attorney by overnight delivery at the address designated by th more...

No Oral Argument Unless Directed By Court

The parties may only appear to argue a motion if so directed by the Court, by rule, or upon applicat more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions withou more...

Proposed Orders

Presented to Clerk NOT Directly to Judge

Proposed orders, judgments, and decrees must be presented to the clerk, not directly to the judge.. more...

Notice of Settlement Required

Unless the form of order, judgment or decree is consented to in writing, or unless the court otherwi more...

Proposed Order Not Part of Record

Unless adopted by the court or submitted for docketing by a party in connection with an anticipated more...

Append List of Parties to Receive Notice

The party who obtains entry of an order or judgment must append to or endorse upon it a list of the more...

Orders on Motions

Memorandum Decision

A memorandum decision on a motion that does not finally determine all claims for relief, or an oral more...

Order In More Extended Form

Where an order in more extended form is required, the notation in the docket constitutes the entry o more...

Practice Technologies, Inc. 2001-2010 exclusive of the text of Government codes