Q: Proposed order for protective order

A: When drafting a proposed protective order, it is generally advisable to include provisions that are narrowly tailored to the specific circumstances of the case and the legitimate needs of the parties involved. Broadly prohibiting a party from requesting deposition subpoenas may be seen as overly restrictive and potentially prejudicial.

Instead, you could consider including provisions that address the specific concerns you have regarding depositions and the potential for prolonging litigation or increasing costs. For example, the proposed order could include:

1. Limitations on the number of depositions each party may take, or a requirement to seek leave of court for additional depositions beyond a certain number.

2. Time limits or other reasonable restrictions on the duration and scope of depositions.

3. Provisions for conducting depositions remotely or by other means to minimize travel costs and expenses.

4. Requirements for parties to meet and confer in good faith to resolve any disputes related to depositions before seeking court intervention.

5. Provisions for cost-sharing or cost-shifting arrangements for depositions, if appropriate.

By tailoring the proposed provisions to address specific concerns about efficiency and costs, rather than broadly prohibiting a party's ability to seek deposition subpoenas, you may be more likely to obtain the court's approval and strike a balance between protecting legitimate interests and preserving parties' procedural rights.

Ultimately, the specific language and provisions included in a proposed protective order will depend on the circumstances of the case and the court's practices and preferences. It is generally advisable to draft proposed orders in a manner that is reasonable, narrowly tailored, and consistent with applicable rules and case law.