On motion by a party or by the person from whom discovery is sought, the court, for good cause shown or by stipulation of the parties, may make any order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including, but not limited to, one or more of the following:
Rule 4:10-3.Protective Orders
Last amended September 1, 2006 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:10-3 lets the court issue a protective order, for good cause, to shield a party or person from annoyance, embarrassment, oppression, or undue burden or expense, listing measures from barring the discovery to protecting trade secrets.
Full Text of Rule 4:10-3
(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 enclosed in sealed envelopes to be opened as directed by the court. 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 R. 4:23-1(c) apply to the award of expenses incurred in relation to the motion. When a protective order has been entered pursuant to this rule, either by stipulation of the parties or after a finding of good cause, a non-party may, on a proper showing pursuant to R. 4:33-1 or R. 4:33-2, intervene for the purpose of challenging the protective order on the ground that there is no good cause for the continuation of the order or portions thereof. Neither vacation nor modification of the protective order, however, establishes a public right of access to unfiled discovery materials.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:20-2. Former rule deleted (see R. 4:14-3(a)) and new R. 4:10-3 adopted July 14, 1972 to be effective September 5, 1972 (formerly R. 4:14-2); paragraph (e); amended July 29, 1977 to be effective September 6, 1977; amended July 27, 2006 to be effective September 1, 2006.
Plain-English Summary
Discovery can be abused, and this rule is the safety valve. On motion by a party or the person from whom discovery is sought, and for good cause shown, the court may enter any order justice requires to protect against annoyance, embarrassment, oppression, or undue burden or expense. The rule lists measures the court can order — among them that the discovery not be had, that it proceed only on specified terms or by a different method, that certain matters be off-limits, or that a trade secret be disclosed only in a designated way.
The protection is not absolute or permanent. If a protective order is denied, the court may order the discovery to go forward on just terms, and a non-party may intervene to challenge an existing order on the ground that good cause for it has ended. Vacating or modifying the order, though, does not by itself create a public right of access to unfiled discovery materials.
Frequently Asked Questions
How do you get a protective order in discovery?
By moving under Rule 4:10-3 and showing good cause that discovery would cause annoyance, embarrassment, oppression, or undue burden or expense. The court can then tailor an order — limiting, conditioning, or barring the discovery, or protecting confidential information.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:10-3). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: protective orderconfidentiality ordertrade secret protectiongood causeundue burden