Chapter 2 - 2.3 Protective Orders

• Jurisdiction: Virginia

2.3 PROTECTIVE ORDERS

2.301 In General. Even when the material requested is a proper subject for discovery, a request for a protective order may be justified if (i) counsel cannot resolve a dispute about the methods of transmitting or protecting the information; (ii) the request is overly broad or unduly burdensome; or (iii) the request appears to be calculated to harass or embarrass the responding party.¹³ If a demurrer or other potentially dispositive pre-answer motion is outstanding, a protective order to stay discovery may be appropriate.

If the motion for a protective order is filed in regard to a notice of...