Motion for Protective Order in New York Supreme Court–At A Glance

Use this “At A Glance Guide” to learn the statewide rules of civil procedure applicable to bringing a motion for protective order in New York Supreme Court. For more detailed information, including local rules, please see the New York Supreme Court SmartRules Guides: Motion for Protective Order, Opposition to Motion for Protective Order and Reply in Support of Motion for Protective Order.

No Deadline

The court will entertain a motion for protective order denying, conditioning, limiting or regulating the use of any disclosure device, at any time during the case. CPLR 3103(a).

Motion for Protective Order Rules

The court may, on motion or its own initiative, grant a protective order denying, conditioning, limiting or regulating the use of any disclosure device in order to prevent unreasonable annoyance, expense, embarrassment, disadvantage or other prejudice to any person or to the court. CPLR 3103(a).

Counsel must confer in good faith to resolve the issues raised by the motion before brining any “motion related to disclosure.” Uniform R. 202.07(a).

There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by: (1) a party, or the officer, director, member, agent or employee of a party; (2) a person who possessed a cause of action or defense asserted in the action; (3) a person about to depart from the state, or without the state, or residing at a greater distance from the place of trial than one hundred miles, or so sick or infirm as to afford reasonable grounds of belief that he or she will not be able to attend the trial, or a person authorized to practice medicine, dentistry or podiatry who has provided medical, dental or podiatric care or diagnosis to the party demanding disclosure, or who has been retained by such party as an expert witness; and (4) any other person, upon notice stating the circumstances or reasons such disclosure is sought or required. CPLR 3101(a).

Upon objection by a person entitled to assert the privilege, privileged matter shall not be obtainable. CPLR 3101(b).

The work product of an attorney shall not be obtainable. CPLR 3101(c).

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purpose of this subdivision, an application for insurance shall not be treated as part of an insurance agreement. CPLR 3101(f).

Except as is otherwise provided by law, in addition to any other matter which may be subject to disclosure, there shall be full disclosure of any written report of an accident prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity, unless prepared by a police or peace officer for a criminal investigation or prosecution and disclosure would interfere with a criminal investigation or prosecution. CPLR 3101(g).

In addition to any other matter which may be subject to disclosure, there shall be full disclosure of any films, photographs, video tapes or audio tapes, including transcripts or memoranda thereof, involving a person referred to in Civil Practice Law and Rules subdivision (a)(1). There shall be disclosure of all portions of such material, including out-takes, rather than only those portions a party intends to use. The provisions of this subdivision 3101(i) shall not apply to materials compiled for law enforcement purposes which are exempt from disclosure under section eighty-seven of the public officers law. CPLR 3101(i).

When a party is in default for failure to appear, that party is not entitled to notice or service of any copy required under Civil Practice Law and Rules Article 31. CPLR 3105.

Once a motion for protective order has been served, the disclosure it relates to is suspended pending the court’s decision on the motion. CPLR 3103(b).

The court may include in its ruling on the Motion for Protective Order an order suppressing any information improperly or irregularly obtained and causing prejudice to any party. CPLR 3103(c).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

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