S.C. Code Regs. § § 9-100.237

Current through Register Vol. 48, No. 11, November 22, 2024

Section 9-100.237 - Discovery: Protective Order

A. Upon motion by a party or the person from whom discovery is sought, and for good cause shown, the Adjudicator may make any order that 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 may not be had;

2. That the discovery may be had only on specified terms and conditions, including a designation of the time and/or place;

3. That the discovery may be had only by a method of discovery other than that selected by the seeking party;

4. That particular matters may not be inquired into, or that the scope of the discovery may be limited to particular matters;

5. That discovery may be conducted with no one present except persons designated by the Adjudicator;

6. That a trade secret or other confidential research, development, or commercial information may not be disclosed or may be disclosed only in a designated way or only to designated persons; and

7. That the party or the other person from whom discovery is sought may file specified documents or information under seal to be opened as directed by the Adjudicator.

B. The Adjudicator may permit a party or a person from whom discovery is sought, who is seeking a protective order, to make all or part of the showing of good cause in camera. If such a showing is made, upon motion of the party or the person from whom discovery is sought, an in camera record of the proceedings shall be made. If the Adjudicator enters a protective order, any in camera record of such showing shall be sealed and preserved and made available to SCIAA or to a court in the event of appeal.

C. The Adjudicator may upon motion by a party or by a person from whom discovery is sought, and for good cause shown,

1. restrict or defer disclosure by a party of the name of a witness or, in the case of a SCIAA witness, any prior statement of the witness, and

2. prescribe other appropriate measures to protect a witness.

Any party affected by any such action shall have an adequate opportunity, once learning of the name of the witness and obtaining a narrative summary of expected testimony, or in the case of a SCIAA witness, any prior statement or statements, to prepare for cross-examination and for the presentation of the party's case.

S.C. Code Regs. § 9-100.237

Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998.