DISTRICT COURT

PROTECTIVE ORDERS

 

Local Rule 26.2 provides that until a protective order is in place, documents deemed confidential will be available for outside litigation counsel eyes only.  The purpose of the Rule is to permit discovery to move forward while the protective order is being negotiated.  The judges will generally accept a form of protective order agreed upon by the parties.  It is preferred that the protective order not provide detail on how confidential documents will be handled during trial since there is a tension between the need to limit public access to confidential documents and the right of the public to have access to the trial.  It is not uncommon for parts of the trial record and limited exhibits to be sealed during trial.  During those times, the courtroom is cleared of persons who are not within the purview of the protective order.