Short answer. Yes. On motion for good cause shown, Section 16 lets the court entirely bar the deposition, relocate it, confine it to written interrogatories, exclude certain matters, restrict who may be present, seal the transcript, or exempt secret processes and research from disclosure — whatever justice requires to protect the party or witness.
What the law says
the court in which the action is pending may make the following orders: (a) That the deposition shall not be taken; (b) That the deposition may be taken only at some designated place other than that stated in the notice; (c) That the deposition may be taken only on written interrogatories; (d) That certain matters shall not be inquired into; (e) That the scope of the examination shall be held with no one present except the parties to the action and their officers or counsel; (f) That after being sealed the deposition shall be opened only by order of the court; (g) That secret processes, developments, or research need not be disclosed
Rule 23, Section 16 — Orders for the protection of parties and deponents. Read the full provision →
The eight specific protective orders
Section 16 lists a menu the court can draw from: barring the deposition entirely, moving it to a different location, confining it to written interrogatories, excluding certain matters from inquiry, restricting who may be present, sealing the transcript until court order, exempting secret processes or research from disclosure, or requiring documents to be exchanged in sealed envelopes opened only as the court directs.
A catch-all beyond the list
Beyond the eight enumerated options, the court "may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression." This residual power means the list is illustrative rather than exhaustive, giving the court room to craft a remedy tailored to a problem the eight categories don't squarely address. A court is not boxed in by the specific wording of the enumerated options if the actual harm a party faces does not fit neatly into any of them.
How and when to invoke it
The order is available only after notice for the deposition has been served, and only on a motion seasonably made by a party or by the person to be examined, supported by a showing of good cause. It is not automatic protection — the party seeking it has to actively bring the motion and justify it. A party who waits too long after receiving notice risks having the motion denied as untimely, regardless of how legitimate the underlying concern actually turns out to be.
A tool for narrowing, not just blocking
Courts do not necessarily cancel discovery outright to address a legitimate concern. Option (g), for example, lets the court exempt only the specific secret processes or research from disclosure while the rest of the deposition proceeds, illustrating how the section is often used to reshape the scope of a deposition rather than eliminate it entirely. This calibrated approach lets discovery still serve its purpose for the rest of the case even where one narrow category of information genuinely needs protection from disclosure.
Related provisions
- Rule 23, Section 16 — Orders for the protection of parties and deponents
- Rule 23, Section 18 — Motion to terminate or limit examination