Paralegal Certification PrepLitigationMedium
A paralegal is assisting an attorney with a civil lawsuit where the plaintiff suffered significant injuries in a car accident. The attorney wants to ensure that certain sensitive medical records of the plaintiff, which are highly personal but relevant to the case, are not made public during the discovery process. Which of the following motions should the paralegal prepare to address this concern?
- AMotion to Quash
- BMotion to Compel Discovery
- CMotion for a Protective Order
- DMotion for Summary Judgment
Show answer & explanationAnswer & explanation
Correct answer: C. Motion for a Protective Order
A motion for a protective order is the appropriate legal tool to request that the court limit or prohibit discovery of certain information to protect a party from annoyance, embarrassment, oppression, or undue burden or expense. This directly addresses the attorney's concern about sensitive medical records.
Why the other options are wrong
- A. A motion to quash is typically used to invalidate a subpoena or service of process.
- B. A motion to compel discovery is used when a party refuses to provide requested information.
- D. A motion for summary judgment seeks to resolve a case without a trial based on undisputed facts.
Protective Order
A court order issued during discovery to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.
- Limits or prevents disclosure of sensitive information.
- Commonly used for medical records, trade secrets, or confidential business information.
- Requires a showing of good cause to the court.
Memory trick: Protect sensitive data with a court's strong order.