A protective order is how you ask the judge to limit or stop a discovery request that goes too far. It is not the same thing as a family violence protective order.
What the Statute Allows
Under OCGA 9-11-26(c), on motion by a party or by the person from whom discovery is sought, and for good cause shown, the court may enter any order justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. The statute gives the judge a menu rather than an on-off switch: the discovery may be limited to certain subjects, held only on specified terms as to time and place, conducted with only designated people present, or sealed. Counsel must confer with the other side in good faith before filing the motion.
Protective, Not Prohibitive
In McGinn v. McGinn, 273 Ga. 292 (2001), a wife subpoenaed the records of a family-owned company whose stock made up her husband’s trust. The trial court granted the company a protective order that kept out all evidence of the company’s value and income. The Georgia Supreme Court reversed, holding that such orders “are intended to be protective, not prohibitive,” and sent the case back for an order that would give the company reasonable confidentiality instead.
Similarly, in Galbreath v. Braley, 318 Ga. App. 111 (2012), a father in a custody case sought to depose a 13-year-old girl he was accused of molesting, and her parents obtained an order barring the deposition entirely. The Court of Appeals vacated it, holding that protective orders should not be awarded “when the effect is to frustrate and prevent legitimate discovery,” and directed the trial court to consider limits on where, how long, and in whose presence the child was questioned.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!