Rule 2-403.Protective orders
Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
Full Text of Rule 2-403
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004; Oct. 4, 2012, eff. Jan. 1, 2013.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from the 1980 version of Fed. R. Civ. P. 26 (c) and the 1980 version of Fed. R. Civ. P. 33
Plain-English Summary
Discovery in Maryland circuit court runs largely on the parties' own initiative, and Rule 2-403 is the safety valve for when that initiative turns into harassment. Anyone facing discovery — a party, a nonparty from whom discovery is sought, or even someone merely named or shown in a document or photo someone wants to discover — can move for a protective order. The standard is good cause: a showing that, without the court's help, the discovery would cause annoyance, embarrassment, oppression, or undue burden or expense.
If the court agrees, its options range from an outright bar on the discovery to something more surgical: postponing it until other discovery happens first, limiting it to certain topics, requiring a different discovery method, restricting who can be in the room, sealing a deposition until the court says otherwise, protecting trade secrets or confidential business information, or requiring both sides to exchange sensitive material at the same time in sealed envelopes. A judge can mix and match these depending on what the case needs. Losing the motion doesn't mean walking away empty-handed, either — if the court denies protection in whole or in part, it can still set terms and conditions for how the discovery goes forward.
Frequently Asked Questions
Who can ask for a protective order under Rule 2-403?
Any party, any person from whom discovery is sought even if not a party, and any person named or depicted in something someone wants to discover, such as a document or photograph.
What do I have to show to get a protective order?
Good cause: that without court intervention, the discovery would cause annoyance, embarrassment, oppression, or undue burden or expense to a party or person.
What kinds of relief can a protective order provide?
A wide range. The court can block the discovery entirely, delay it until other events occur, impose specific terms or conditions, require a different discovery method, limit its scope, restrict who can attend, seal a deposition, protect trade secrets or confidential business information, or require simultaneous exchange of sensitive material in sealed envelopes.
What happens if the court denies my motion for a protective order?
You aren't left without options. Rule 2-403(b) lets the court, even after denying the motion in whole or in part, order the discovery to go forward on terms and conditions it decides are just.
Can a protective order seal a deposition?
Yes. One of the listed options lets the court require that a deposition, once sealed, be opened only by further order of the court.