What is a Protective Order?
Protective orders can be granted in certain circumstances to avoid unwarranted annoyance, embarrassment, oppression, or undue burden and expense when asked to respond to Discovery requests.
How to Request a Protective Order
For a Motion for a Protective Order in a Family Law case, the following paperwork will need to be filed with the court and served on the opposing party:
- Judicial Council Form FL-300 Request for Order
- Supporting Memorandum of Points and Authorities (not a form, see resources below for sample language)
- Declaration including a Meet and Confer statement, required by CCP §2016.040 (not a form, see sample below)
The following blank forms must also be served on the opposing party, for that party to fill out, along with the above documents that are filed with the Court:
BLANK - Responsive Declaration to Order to Show Cause or Notice of Motion (Judicial Council Form FL-320)
BLANK - Income and Expense Declaration (only if requesting attorney fees and costs) (Judicial Council Form FL-150)
Types of Discovery Requests that are Subject to a Request for a Protective Order
There are many types of discovery requests where one may seek a protective order, and they are governed by different codes:
- Deposition and Production of Business Records. This is where one party serves and compels a non-party to produce business records regarding the other party. This demand must be accompanied by a Notice to Consumer or Employee and Objection (SUBP-025).
- Interrogatories. The propounding party may ask more than 35 Specially Prepared Interrogatories if they attach the Declaration required by CCP §2030.050, and the questions meet the requirements of CCP §2030.040(a). Responding party has a right under CCP §2030.090 to seek a protective order. You may want to file a motion for a protective order if the number of questions being asked and the amount of the documentation to be produced is excessive.
- Requests for Admissions. The propounding party may ask for more than 35 Request for Admissions if a larger number is warranted by the complexity or quantity of the issues (CCP §2033.040(a)). The number of requests to admit genuineness of documents is limited only as justice requires to protect the responding party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense (CCP §2033.030(c)). The responding party to the Requests for Admissions has the right to seek a protective order under CCP §2033.080.
- Production of Documents. The responding party to a request for production of documents has the right to seek a protective order under CCP §2031.060.
A Meet and Confer Declaration is Required
All motions for protective orders must be accompanied by a Meet and Confer Declaration under CCP §2016.040. You must provide the court with a declaration, including facts showing how you have made a reasonable and good faith attempt to reach an informal resolution of each issue presented in your motion for a protective order.
Samples of Motion for a Protective Order and Meet and Confer Declaration
Please see the following resources for language and citations to law that will help you modify the above sample to fit your particular situation:
- California Law and Motion Model Forms (call number KFC1012 .P37 Forms), Ch. 56
- California Civil Practice (call number KFC995 .C3), Procedure, Vol. 2A, Ch. 13, Sections 13.21 to 13.22
- California Civil Discovery Practice (call number KFC1020 .C34)
- Request for Admissions: Ch. 9, Sections 9.100 to 9.111
- Interrogatories: Ch. 7, Sections 7.155 to 7.158
- Depositions: Ch. 6, Sections 6.142 to 6.144
- California Forms of Pleading and Practice (call number KFC1010.A65 C3)
- Interrogatories: Ch. 194, Sections 194.95 to 194.96
- Request for Admissions: Ch. 196, Sections 196.63 to 196.64
- Depositions: Ch. 193, Sections 193.233 to 193.235
Samples of Points and Authorities in Support of a Protective Order
See:
A sample generic pleading paper template for use in drafting the Memorandum of Points and Authorities and the Declaration can be downloaded from our website at: https://sandiegolawlibrary.org/pleading-paper-template/.
Filing and Service of Motion for Protective Order
- Contact the San Diego Superior Court Family Law Business Office to schedule a date and time for the Motion for Protective Order hearing.
- All paperwork must be filed with the Court and served on the other party at least 16 court days before the hearing (CCP §1005(b)). If serving by mail within California, the time for service is increased by five calendar days (CCP §1005(b)).
- You cannot serve the documents, they must be served by someone who is not a party to the action and over 18 years of age. The person performing the service must sign a proof of service form stating what they served, who it was served on, and the date of the service. The person performing the service must sign a proof of service form stating what they served, who it was served on, and the date of the service. Proof of personal service forms can be found here, and proof of service by mail forms can be found here. For more information about service, see San Diego Law Library's guide entitled Service of Notice and Other Papers.
- The Proof of Service must be filed no later than five court days before the time appointed for the hearing (Cal. Rule of Court 3.1300(c)).
- Keep a copy of all documents filed with the Court for your own records.
