---
kind: "section"
citation: "38 C.F.R. § 42.24"
title: "38"
number: "42.24"
heading: "Protective order."
url: "https://uscodex.org/cfr/38/42.24"
---

# §42.24. Protective order.

- (a) A party or a prospective witness or deponent may file a motion for a protective order with respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence.
- (b) In issuing a protective order, the ALJ may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
  - (1) That the discovery not be had;
  - (2) That the discovery may be had only on specified terms and conditions, including a designation of the time or place;
  - (3) That discovery may be had only through a method of discovery other than that requested;
  - (4) That certain matters not be inquired into, or that the scope of discovery be limited to certain matters;
  - (5) That discovery be conducted with no one present except persons designated by the ALJ;
  - (6) That the contents of discovery or evidence be sealed;
  - (7) That a deposition after being sealed be opened only by order of the ALJ;
  - (8) That a trade secret or other confidential research, development, commercial information, or facts pertaining to any criminal investigation, proceeding, or other administrative investigation only be disclosed in a designated way; or
  - (9) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the ALJ.

## Notes

### Authority

Authority: Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, codified at 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 16710, May 11, 1988, unless otherwise noted.