What is a motion for a protective order in civil litigation?
A motion for a protective order in civil litigation is a request made by either the plaintiff or the defendant in a lawsuit to the court for an order that restricts access to certain records or witnesses. This type of motion is often filed by one party to protect confidential or sensitive information from being shared with the other party. In New Jersey, motions for protective orders are governed by Rule 4:10-3 of the Rules Governing the Courts of the State. This rule enables a court to enter a protective order when a party can show good cause for filing such a motion. Additionally, the rule requires the court to consider several factors when deciding whether to grant the motion, such as the likelihood of harm to the parties or the public if the protective order is not granted. In general, motions for protective orders are commonly used by parties in civil litigation to prevent the other party from obtaining or disclosing privileged information. If the court grants the motion, then the parties involved in the litigation are prohibited from disclosing any confidential or sensitive information that is subject to the order. This can help ensure the privacy of parties involved in litigation and also discourage malicious and frivolous litigation tactics.
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