Legal Memorandum: Obtaining a Protective Order in MO

Issue: Under the laws of Missouri, when may a party obtain a protective order?

Area of Law: Litigation & Procedure
Keywords: Protective order; Good cause; Burden
Jurisdiction: 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 establishing good cause for one to be issued.  Mo. R. Civ. P. 56.01(c); cf. 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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