Section 19.12 Protective Orders

• Library: Family Law Deskbook and 2014 Supp

E. (§19.12) Protective Orders

Rule 56.01(c) provides that, upon motion, either by a party or by the person from whom discovery is sought, the court, for good cause shown, may make any order that, in the interests of justice, is required to protect a party or a person from unreasonable annoyance, embarrassment, oppression, or undue burden or expense.

Whether a protective order is appropriate is in the discretion of the court, but Missouri courts have said that protective orders should “be used sparingly in accordance with sound judicial discretion.” See, e.g., State ex rel. Kubatzky v. Holt, 483 S.W.2d 799, 805 (Mo. App. E.D. 1972).

Rule 56.01(c) provides eight different types of protective “relief” that may be issued by order of the court. But the Rule further states that “the court may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense . . . .” Id. (emphasis added). Accordingly, in theory, the court has complete discretion to...