Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 26.03 lets a party or person facing discovery ask the court for a protective order, on a showing of good cause, to guard against annoyance, embarrassment, oppression, or undue burden or expense, through remedies ranging from barring discovery outright to limiting its method, scope, or confidentiality.
(1)Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court in the judicial district where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(a)that the discovery not be had; (b) that the discovery may be had only on specified terms and conditions, including a designation of the time or place; (c) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; (d) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; (e) that discovery be conducted with no one present except persons designated by the court; (f) that a deposition after being sealed be opened only by order of the court; (g) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; (h) that the parties simultaneously file specified documents or information inclosed in sealed envelopes to be opened as directed by the court.
(2)If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 37.01 (d) apply to the award of expenses incurred in relation to the motion.
Amendment History
(Amended effective October 1, 1971; amended November 3, 2010, effective January 1, 2011.)
Plain-English Summary
Rule 26.03 gives a party, or anyone facing a discovery request, a way to ask the court to intervene before complying. The motion has to show good cause and can go to the court where the case is pending, or, for a deposition, to the court in the district where the deposition will happen. The standard is protection from annoyance, embarrassment, oppression, or undue burden or expense.
The rule lists the forms that protection can take: blocking the discovery altogether; allowing it only on specified terms, like a particular time or place; requiring a different discovery method than the one requested; walling off certain subjects or limiting the scope of inquiry; restricting who can be present; sealing a deposition until the court allows it to be opened; limiting how a trade secret or other confidential business information gets disclosed; or having the parties file material in sealed envelopes for the court to open. A court can combine these remedies as the case requires.
If the court denies the motion, in whole or in part, it can still order the discovery to go forward on terms it considers just, and the expense-shifting provisions of Rule 37.01 apply to that ruling.
Frequently Asked Questions
How do I get a protective order in a Kentucky lawsuit?
Rule 26.03 lets a party or the person facing a discovery request move for a protective order, on a showing of good cause, in the court where the case is pending (or, for a deposition, the court in the district where it will be taken). The court can then order any protection justice requires against annoyance, embarrassment, oppression, or undue burden or expense.
What can a Kentucky protective order do?
It can block the discovery entirely, allow it only on specified terms or through a different method, limit its subject matter, restrict who is present, seal a deposition, control disclosure of trade secrets or confidential business information, or require sealed-envelope filing.
What happens if a motion for a protective order is denied?
Under Rule 26.03(2), the court can still order the discovery to be provided on terms it finds just, and the expense-shifting rules in Rule 37.01 apply to the outcome of the motion.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 26.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:protective order discovery Kentuckystop burdensome discovery requestlimit scope of discoveryconfidential information protective ordersealing a depositionmotion to quash discovery Kentucky