|
Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Protective Order
This Motion for Protective Order is brought by [name of movant], [party designation], who shows in support:
1.[Name of movant] has been served with a [name of discovery document], requiring [name of movant] to [designate action required] on or before [date]. [Include if applicable: A copy of the discovery document is attached.]
2.[Specify grounds and describe objections to discovery.] In the interest of justice, [name of movant] seeks a protective order to prevent undue burden, unnecessary expense, harassment or annoyance, or invasion of personal, constitutional, or property rights.
3.The discovery sought is unreasonably cumulative or duplicative or is obtainable from some other source that is more convenient, less burdensome, or less expensive.
4.The burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.
5.[Name of movant] requests
|
The following are examples of some types of relief. Choose only relief that is applicable. See Tex. R. Civ. P. 192.6 regarding appropriate orders. |
a.an adequate time for compliance;
b.protection from disclosure of privileged material or information [specify privilege[s] and basis for assertion of privilege[s]];
c.that the requested discovery not be sought in whole or in part;
d.that the extent or subject matter of discovery be limited;
e.that the discovery not be undertaken at the time or place specified;
f.that the discovery be undertaken only by such method or on such terms and conditions or at the time and place directed by the Court;
g.that the results of discovery be sealed or otherwise protected, subject to the provisions of rule 76a;
h.compensation for undue expense and hardship.
6.[State reasons for protective order and substantiate undue expense.]
|
Include the following if applicable. |
7.[State a reasonable time and place for compliance with a discovery request if the party responding to the discovery request is unable to comply with the time and place originally designated.]
|
Continue with the following. |
[Name of movant] prays that the Court grant a protective order.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Conference
I certify that a reasonable effort has been made to resolve the discovery dispute without the necessity of court intervention and has failed.
[Name]
Attorney for [name of movant]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]