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Issue: What is the standard burden in Missouri for a party’s motion to seek a protective order from discovery?
| Area of Law: | Litigation & Procedure |
| Keywords: | Protective order; Burden of proof; Discovery |
| Jurisdiction: | Federal, Missouri |
| Cited Cases: | 71 S.W.3d 602 |
| Cited Statutes: | Mo. R. Civ. P. 56.01(c) |
| Date: | 12/01/2013 |
The party seeking the protective order bears the burden of proving that good causes exists for the order. Mo. R. Civ. P. 56.01(c); State ex rel. Ford Motor Co. v. Messina, 71 S.W.3d 602, 607-09 (Mo. banc 2002) (good cause was shown to bar deposition of top Ford executives because, inter alia, inquiry was “tangential” and information was available through other means, the need for discovery was slight, and executives showed that having to appear for deposition would be burdensome, expensive and oppressive).
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