Rule 1.504 - Protective orders1. 504(1) Upon motion by a party or by the person from whom discovery is sought or by any person who may be affected thereby, 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: a. 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 place, or the allocation of expenses.(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.(8) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.b. On motion or on its own, shall limit the frequency and extent of use of the methods described in rule 1.501(1) in accordance with the limitations of rule 1.503(8).1. 504(2) A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of rule 1.503(8). The court may specify conditions for the discovery.1. 504(3) A motion for protective order must include a certification that the movant has in good faith personally spoken with or attempted to speak with other affected parties in an effort to resolve the dispute without court action. The certification must identify the date and time of any conference or attempts to confer. 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. The provisions of rule 1.517(1)(d) apply to the award of expenses incurred in relation to the motion.Report 1943; amendment 1965; amendment 1970; amendment 1973; October 31, 1997, effective January 24,1998; November 9, 2001, effective February 15, 2002; February 14, 2008, effective May 1, 2008; August 28, 2014, effective January 1, 2015. COMMENT:
Rule 1.504(1). Rather than repeating the proportionality limitations contained in the scope of discovery, rule 1.504(1) cross-references proportionality. Additionally, in recognition of the court's independent obligation to ensure the proportionality of discovery, rule 1.504(2) expressly authorizes the court to limit sua sponte the frequency and extent of discovery.