Ask X3What does 49 CFR 386.39 (Protective orders) require?
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Under 49 CFR 386.39, if you are asked to provide discovery and want to protect yourself or your business from annoyance, embarrassment, oppression, or undue burden or expense, you (or the person from whom discovery is sought) can file a motion for a protective order.
To get a protective order, you must show good cause. The Agency Decisionmaker or the administrative law judge may then issue an order that justice requires, which can include any of the following practical measures:
* Stopping the discovery completely.
* Allowing discovery only under specific terms and conditions, such as a designated time or place.
* Requiring a different method of discovery than the one chosen by the party seeking it.
* Limiting the scope of discovery so that certain irrelevant matters are not inquired into.
* Conducting the discovery with no one present except persons designated by the judge or Agency Decisionmaker.
* Protecting trade secrets or other confidential research, development, or commercial information from being disclosed, or allowing them to be disclosed only in a specific, designated way.