Section 13-5.—Protective Order
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 13-5
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.