Art. 1426. Protective orders; motions to quash
A. Upon motion by a party or by the person from whom discovery is sought or to
whom a subpoena is issued, and for good cause shown, the court in which the action is
pending or alternatively, on matters relating to a deposition or subpoena, the court in the
district where the deposition is to be taken or by which the subpoena is issued may make any
order that 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 the discovery may be had only by a method of discovery other than that
selected by the party seeking discovery.
(4) That certain matters not be inquired into, or that the scope of the discovery be
limited to certain matters.
(5) That discovery be conducted with no one present except persons designated by
the court.
(6) That a deposition after being sealed be opened only by order of the court.
(7) That a trade secret or other confidential research, development, or commercial
information not be disclosed or be disclosed only in a designated way.
(8) That the parties simultaneously file specified documents or information enclosed
in sealed envelopes to be opened as directed by the courts.
B. If the motion for a protective order or a motion to quash is denied in whole or in
part, the court may, on terms and conditions as are just, order that any party or person provide
or permit discovery. The provisions of Article 1469 apply to the award of expenses incurred
in relation to the motion.
C. No provision of this Article authorizes a court to issue a protective order or grant
a motion to quash preventing or limiting discovery or ordering records sealed if the
information or material sought to be protected relates to a public hazard or relates to
information that may be useful to members of the public in protecting themselves from injury
that might result from the public hazard, unless the information or material sought to be
protected is a trade secret or other confidential research, development, or commercial
information.
D. Any portion of an agreement or contract which has the purpose or effect of
concealing a public hazard, any information relating to a public hazard, or any information
which may be useful to members of the public in protecting themselves from injury that
might result from a public hazard is null and shall be void and unenforceable as contrary to
public policy, unless such information is a trade secret or other confidential research,
development, or commercial information.
E. Any substantially affected person or any representative of the news media has
standing to contest any order or judgment that violates the provisions of Paragraph C of this
Article or any agreement or contract contrary to public policy pursuant to Paragraph D of this
Article.
Acts 1976, No. 574, §1; Acts 1995, No. 49, §1; Acts 2026, No. 127, §1.