Motion for Protective Order
(Terminate or Limit Deposition in Progress) (CA)

Summary

This template is a notice of motion and motion for protective order to terminate or limit an oral deposition in progress and for imposition of a monetary sanction in a civil action in California superior court. This template contains practical guidance, drafting notes, an alternate clause, and an optional clause. For a full listing of key content covering motion practice in California state court litigation, see Motion Practice Resource Kit (CA). For a full listing of key content covering depositions in California state court litigation, see Deposition Resource Kit (CA). For a full listing of key content covering fundamental civil litigation tasks throughout a California state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (CA). For a related template to prevent or limit a deposition before it has commenced, see Motion to Stay Deposition and Quash Deposition Notice (CA). Any party attending a deposition, including the deponent, may demand that the deposition officer suspend taking testimony to enable that party or deponent to move for a protective order under Cal. Code Civ. Proc. § 2025.420 on the ground that the examination is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses that deponent or party. Cal. Code Civ. Proc. § 2025.470. The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. A protective order concerning a deposition may include, but is not limited to, one or more of the following orders: • The deposition may not be taken at all. • The deposition must be taken at a different time. • The deposition must be taken at a place other than that specified in the deposition notice, if it is within a distance permitted by Cal. Code Civ. Proc. §§ 2025.250 and 2025.260. • The deposition may be taken only on certain specified terms and conditions. • The deponent's testimony must be taken by written, instead of oral, examination. • The method of discovery must be by interrogatories to a party instead of an oral deposition. • The testimony must be recorded in a manner different from that specified in the deposition notice. • Certain matters may not be inquired into. • The scope of the examination must be limited to certain matters. • All or certain of the writings or tangible things designated in the deposition notice need not be produced, inspected, copied, tested, or sampled, or specifying conditions for the production of electronically stored information (ESI) designated in the deposition notice. • Designated persons, other than the parties to the action and their officers and counsel, are to be excluded from attending the deposition. • A trade secret or other confidential research, development, or commercial information may not be disclosed or may be disclosed only to specified persons or only in a specified way. • The parties must simultaneously file specified documents enclosed in sealed envelopes to be opened as directed by the court. • The deposition must be sealed and thereafter opened only on order of the court. • The examination of the deponent must be terminated, in which event the deposition may not thereafter be resumed, except on court order. • A video recording of the deposition testimony of a treating or consulting physician or of any expert witness, intended for possible use at trial under Cal. Code Civ. Proc. § 2025.620(d) must be postponed until the moving party has had an adequate opportunity to prepare, by discovery deposition of the deponent, or other means, for cross-examination. Cal. Code Civ. Proc. § 2025.420(b). A motion for protective order must be accompanied by: • A notice of hearing on the motion • A supporting memorandum setting forth the moving party's legal arguments and authorities supporting the motion • One or more declarations setting forth facts supporting the motion, including the moving party's meet and confer efforts and the opposing party's conduct or other circumstances warranting the requested protective order. Cal. Code Civ. Proc. §§  2016.040, 2025.420(a); Cal. Rules of Ct., Rule 3.1112(a), (b), 3.1113(a), (b). The motion and accompanying documents should also comply with the general formatting rules concerning filed documents. See Formatting Rules in Court Checklist (CA). This template combines the motion, notice of motion, supporting memorandum, and supporting declaration in a single document, which is permitted by the rules as long as the caption of the combined document specifies which documents are included. See Cal. Rules of Ct., Rule 3.1112(c). In addition, where the motion relates to conduct of the opposing party or its attorney at the deposition, be sure to obtain a reporter's transcript of the relevant portions of the deposition documenting that conduct and file it with the court, with the motion if possible, but in any case prior to the hearing of the motion. For instructions on submitting deposition testimony, see Cal. Rules of Ct., R. 3.1116. The court must impose a monetary sanction against a party, person, or attorney that unsuccessfully makes or opposes a motion for a protective order unless it finds that the party subject to the sanction acted with substantial justification, or other circumstances make imposing a sanction unjust. Cal. Code Civ. Proc. § 2025.420(h). Therefore, when moving for a protective order, you may also move for a monetary sanction against the opposing party. For a detailed discussion of protective orders, see Motion for Protective Order: Making and Opposing the Motion (CA). For discussion of procedures relating to the defense of a deposition, including objections to the manner in which the deposition is being conducted, see Depositions: Defending a Deposition (CA). For a general discussion of motions, see Motion Practice: Drafting, Serving, and Filing Noticed Motions (CA).