When may protective orders and privileges limit discovery?

When may protective orders and privileges limit discovery?

• A. In all cases
• B. Never
• C. When discovery would expose privileged or sensitive information or impose undue burden
• D. Only after trial

Answer: (C)

Protective orders and privileges exist to prevent discovery from overreaching into confidential or burdensome territory. A protective order under the rules lets the court tailor or restrict discovery to avoid unnecessary burden or expense, or to shield information from disclosure. It can limit who may see materials, require confidentiality agreements, seal or redact sensitive items, or otherwise control how discovery proceeds so it doesn’t become oppressive. Privileges work the other side of the shield: certain communications or materials are protected from discovery because their disclosure would reveal privileged information. Common examples include attorney-client communications and the attorney’s work product, as well as other recognized privileges. When a party properly asserts a privilege, the information is not discoverable unless the privilege is waived or the court determines a narrow exception. So discovery may be limited whenever producing it would reveal privileged or sensitive information or impose an undue burden, and protective orders and privileges are the mechanisms that enforce those limits.

Protective orders and privileges exist to prevent discovery from overreaching into confidential or burdensome territory. A protective order under the rules lets the court tailor or restrict discovery to avoid unnecessary burden or expense, or to shield information from disclosure. It can limit who may see materials, require confidentiality agreements, seal or redact sensitive items, or otherwise control how discovery proceeds so it doesn’t become oppressive.

Privileges work the other side of the shield: certain communications or materials are protected from discovery because their disclosure would reveal privileged information. Common examples include attorney-client communications and the attorney’s work product, as well as other recognized privileges. When a party properly asserts a privilege, the information is not discoverable unless the privilege is waived or the court determines a narrow exception.

So discovery may be limited whenever producing it would reveal privileged or sensitive information or impose an undue burden, and protective orders and privileges are the mechanisms that enforce those limits.