Rule 53.Protective Orders Regarding Discovery Requests

Part VII. Disclosure and Discovery · Last amended January 1, 2019 · Last verified September 4, 2026

In one sentenceRule 53 lets a party or anyone subject to discovery seek a protective order for good cause, and sets a separate, heavier procedure for orders that keep discovery material confidential from nonparties.

Full Text of Rule 53

Text sizeJump to: (a) (b) (c) (d)

(a) Generally. A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending--or alternatively, on matters relating to a deposition, the court in the county where the deposition will be taken. Subject to Rule 53(b), the court for good cause may enter an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(1) forbidding the discovery;

(2) specifying terms and conditions, including time and place, for the discovery;

(3) prescribing a discovery method other than the one selected by the party seeking discovery;

(4) forbidding inquiry into certain matters, or limiting the scope of discovery to certain matters;

(5) designating the persons who may be present while the discovery is conducted;

(6) requiring that a deposition be sealed and opened only on court order;

(7) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and

(8) requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the court directs.

(b) Ordering Discovery. If a motion for a protective order is wholly or partly denied, the court may, on terms that are just, order that any party or person provide or permit discovery.

(d) Confidentiality Orders.

(1) Burden of Proof. Before the court may enter an order that limits a party or person from disclosing information or materials produced in the action to a person who is not a party to the action and before the court may deny an intervenor's request for access to such discovery materials:

(A) the party seeking confidentiality must show why a confidentiality order should be entered or continued; and

(B) the party or intervenor opposing confidentiality must show why a confidentiality order should be denied in whole or in part, modified, or vacated. The burden of showing good cause for an order remains with the party seeking confidentiality.

(2) Findings of Fact. When ruling on a motion for a confidentiality order, the court must make findings of fact concerning any relevant factors, including but not limited to:

(A) any party's or person's need to maintain the confidentiality of such information or materials;

(B) any nonparty's or intervenor's need to obtain access to such information or materials; and

(C) any possible risk to the public health, safety, or financial welfare that such information or materials may relate to or reveal. No such findings of fact are needed if the parties have stipulated to such an order or if a motion to intervene and to obtain access to materials subject to a confidentiality order is unopposed. A party moving for entry of a confidentiality order must submit with its motion a proposed order containing proposed findings of fact.

(3) Least Restrictive Means. An order restricting release of information or materials to nonparties or intervenors must use the least restrictive means to maintain any needed confidentiality.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019.

Plain-English Summary

Rule 53 has two halves that are easy to conflate. The first protects a person from the burden of discovery. The second controls what happens to material once produced.

Protection from the discovery itself

A party or any person from whom discovery is sought may move -- in the court where the action is pending, or for deposition matters the court in the county where the deposition will be taken. For good cause, the court may protect against annoyance, embarrassment, oppression, or undue burden or expense by forbidding the discovery; specifying its terms, time and place; prescribing a different method; forbidding or limiting inquiry into certain matters; designating who may be present; sealing a deposition to be opened only on court order; protecting trade secrets and confidential commercial information; or requiring simultaneous sealed filings.

If the motion is denied wholly or partly, the court may order discovery on just terms. Expenses are awarded under Rule 65(a)(4).

Confidentiality orders carry a real burden

Section (d) applies before the court may bar a party from sharing produced material with nonparties, or deny an intervenor access to it. Both sides carry a burden -- the party seeking confidentiality must show why the order should be entered or continued, and the opponent must show why it should be denied, modified or vacated -- but the burden of showing good cause remains with the party seeking confidentiality.

The court must make findings of fact on relevant factors including any need to maintain confidentiality, any nonparty's or intervenor's need for access, and any possible risk to the public health, safety, or financial welfare the material may relate to or reveal. A party moving for such an order must submit a proposed order containing proposed findings of fact. Findings are unnecessary only where the parties stipulated or an intervention motion is unopposed.

Section (d)(3) closes with the governing constraint: an order restricting release to nonparties or intervenors must use the least restrictive means to maintain any needed confidentiality.

Frequently Asked Questions

Who can ask for a protective order?

Rule 53(a) allows a party or any person from whom discovery is sought to move, in the court where the action is pending or, on deposition matters, the court in the county where the deposition will be taken.

What can a protective order do?

Rule 53(a) lists forbidding the discovery, setting its terms and place, prescribing a different method, forbidding or limiting inquiry into certain matters, designating who may be present, sealing a deposition, protecting trade secrets and confidential commercial information, and requiring simultaneous sealed filings.

Who bears the burden on a confidentiality order?

Rule 53(d)(1) requires a showing from both sides but states that the burden of showing good cause for an order remains with the party seeking confidentiality.

Must the court explain a confidentiality order?

Yes. Rule 53(d)(2) requires findings of fact on relevant factors, and requires the moving party to submit a proposed order containing proposed findings. Findings are not needed where the parties stipulated or an intervention motion is unopposed.

Can a confidentiality order be broader than necessary?

No. Rule 53(d)(3) requires an order restricting release of information to nonparties or intervenors to use the least restrictive means to maintain any needed confidentiality.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: protective order discoveryconfidentiality ordersealing discoverytrade secretundue burdenleast restrictive means