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Section 13-5.—Protective Order

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis rule lets a party from whom discovery is sought move for a protective order, and on good cause shown, the judicial authority may issue any order justice requires to shield that party from annoyance, embarrassment, oppression, or undue burden or expense.

Full Text of Section 13-5

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Upon motion by a party from whom discovery is sought, and for good cause shown, the judicial authority may make any order which justice requires to protect a party from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had; (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (5) that discovery be conducted with no one present except persons designated by the judicial authority; (6) that a deposition after being sealed be opened only by order of the judicial authority; (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the judicial authority; (9) specified terms and conditions relating to the discovery of electronically stored information including the allocation of expense of the discovery of electronically stored information, taking into account the amount in controversy, the resources of the parties, the importance of the issues, and the importance of the requested discovery in resolving the issues.

Amendment History

(P.B. 1978-1997, Sec. 221.) (Amended June 20, 2011, to take effect Jan. 1, 2012.)

Plain-English Summary

Section 13-5 gives a party facing a discovery request a way to ask the judicial authority to limit or reshape it. On motion and a showing of good cause, the judicial authority may enter any order justice requires to protect against annoyance, embarrassment, oppression, or undue burden or expense. The rule lists nine specific forms such an order can take, including barring the discovery entirely, allowing it only on specified terms or at a specified time or place, requiring a different discovery method than the one chosen, limiting the scope of inquiry to certain matters, restricting who may be present, sealing a deposition until the judicial authority orders it opened, protecting trade secrets or confidential research, development, or commercial information, requiring simultaneous filing of sealed materials, and setting specific terms — including cost allocation — for discovery of electronically stored information.

For that last category, the rule directs the judicial authority to weigh the amount in controversy, the resources of the parties, the importance of the issues, and the importance of the requested discovery to resolving those issues. The nine listed options are not exclusive alternatives the judicial authority must choose among one at a time — the rule allows “one or more” of them, so an order can combine several forms of protection in the same case.

Frequently Asked Questions

Who can move for a protective order under Connecticut’s discovery rules?

Section 13-5 allows the party from whom discovery is sought to move for a protective order, and the judicial authority may grant it on a showing of good cause.

What harms does a protective order under Section 13-5 guard against?

The rule authorizes any order justice requires to protect a party from annoyance, embarrassment, oppression, or undue burden or expense.

Can a protective order block discovery entirely?

Yes. Section 13-5(1) lets the judicial authority order that the discovery not be had at all, as one of several available forms of relief.

Does Section 13-5 address electronically stored information specifically?

Yes. Subdivision (9) lets the judicial authority set specific terms for discovery of electronically stored information, including allocating its expense based on the amount in controversy, the parties’ resources, the importance of the issues, and the importance of the discovery to resolving them.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 13-5). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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