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Idaho Rules of Family Law Procedure Rule 409. Protective Orders.

A. Protective orders allowed.  Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matter relating to a deposition, the court in the district where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

1. that the discovery not be had;


2. that the discovery may be had only on specified terms and conditions, including a designation of the time or place;


3. that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;


4. that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;


5. that discovery be conducted with no one present except persons designated by the court;


6. that a deposition after being sealed be opened only by order of the court;


7. that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way;


8. that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court. 


B. Denial and expenses.  If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 443.D apply to the award of expenses incurred in relation to the motion. 


(Adopted April 2, 2014, effective for early adopters July 1, 2014, effective statewide July 1, 2015.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Roger S. Burdick
Justice Robyn M. Brody
Justice John R. Stegner
Justice Gregory W. Moeller

Members of the
Idaho Court of Appeals

Chief Judge Molly J Huskey
Judge David W. Gratton
Judge Jessica M. Lorello
Judge Amanda K. Brailsford



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