Motion for Protective Order in Maine

“The scope of discovery is any matter that is relevant to the pending action.” (See M.R. Civ. P. 26(b)(1); Mahoney v. York Hosp., 2014 Me. Super. LEXIS 37, *2 (Me. Super. Ct. Feb. 18, 2014); Harris Mgmt., Inc. v. Paul Coulombe, PGC1, LLC, Docket No.: BCD-CV-14-60, at *9 (Me. Super. July 1, 2015).)

“Discovery has the dual purpose of assisting in identifying admissible evidence and in identifying further areas for inquiry that may lead to development of admissible evidence.” (See Mitchell v. Kieliszek (2006) 900 A.2d 719, 726.)

“Thus, M.R. Civ. P. 26(b)(1), regarding the proper scope of discovery states: (1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.” (See id.)

“It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” (See id.)

“The Maine Rules of Civil Procedure are intended to secure the just, speedy and inexpensive determination of every action. To that end, liberal discovery is encouraged as a means to eliminate the sporting theory of justice and to enforce full disclosure between the parties." (See Pinkham v. Dep't of Transp. (2016) Me. 74, 9; M.R. Civ. P. 1; St. Paul Ins. Co. v. Hayes (2001) ME 71, ¶ 8, 770 A.2d 611.)

However, “[o]n a motion to compel discovery, the court may make such protective orders as justice requires to protect a party from annoyance, embarrassment, oppression, or undue burden or expense.” (See M.R. Civ. P. 26(c), 37(a)(2); State Tax Assessor v. Kraft Foods Grp., Inc., No. BCD-AP-16-02, at *12 (Me. Super. June 7, 2017).)

Rules for Filing a Motion for Protective Order

Rule 26 of the Maine Rules of Civil Procedure governs protective orders.

“Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, any justice or judge of the court in which the action is pending may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense…” (See Me. R. Civ. P. 26(c).)

“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 37(a)(4) apply to the award of expenses incurred in relation to the motion.” (See id.)

Discretion of the Court in Deciding a Motion for Protective Order