2.7 Protected Information and Protective Orders

• Library: Civil Discovery in Virginia (Virginia CLE) (2017 Ed.)

2.7 PROTECTED INFORMATION AND PROTECTIVE ORDERS

2.701 In General. The same rule that permits broad discovery vests the court with discretion to limit discovery. ²⁵⁰ Because of the "liberality" of discovery, which has potential for abuse, the trial court must have the authority to limit discovery. ²⁵¹ The court may, on its own or pursuant to a motion by a party or by the person from whom discovery is sought, limit discovery if:

(i) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (iii) the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the party's resources, and the importance of the issues at stake in the litigation. ²⁵²

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Similarly, a court may, on motion by a party or by a person from whom discovery is sought and for good cause shown, limit the scope of discovery by making any protective order that "justice requires" to "protect a party or person from annoyance, embarrassment, oppression or undue burden or expense." ²⁵³ When a deposition "is conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party," the trial court may, upon the motion of a party or of the deponent, "limit the scope and manner of the taking of the deposition as provided in Rule 4:1(c)." ²⁵⁴ The court may also quash or modify a subpoena duces tecum upon motion by the person served or by the party against whom the production is sought if the subpoena "would otherwise be unduly...