Protective Orders

10 Pages Posted: 14 Nov 2010 Last revised: 21 Nov 2010

Date Written: November 12, 2010

Abstract

Describes the procedural preconditions for obtaining a protective order and the uses thereof. Describes a part of the discovery process in U.S. adversarial proceedings which might seem alien to civilianists jurists due to the fact that the judge plays an active role in criminal proceedings which are termed "inqusitorial" for that reason (the judge may ask the parties questons). While common law centers justice in criminal procedure around the impartiality of the judge, the civil law centers it around the justice of the outcome. Thus this article addresses a tangential issue relevant to one of the key differences between common law and civilianist systems. 10 pages, 21 notes and bibliography.

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Keywords: discovery, protective order, federal rules of civil procedure, FRCP

JEL Classification: K41

Suggested Citation

Engle, Eric, Protective Orders (November 12, 2010). Available at SSRN: https://ssrn.com/abstract=1708046 or http://dx.doi.org/10.2139/ssrn.1708046

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