Federal Rules of Civil Procedure 26(c)
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: Federal Rules of Civil Procedure 26(c). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified + Basic with banner CUI.
Extracted authority meaning
- FEDERAL RULES
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- DoD category scope used with this authority: The court may, for good cause,issue an order to protect a party or person from annoyance,embarrassment, oppression, or undue burden or expense. A protective order may also be issued to prevent disclosure of certain information.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI, CUI//SP-LPROT, CUI//SP-LRPOT. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Stipulation that certain information that would normally fall under discovery rules will not be disclosed for specifically stated reason.
- DoD category scope: The court may, for good cause,issue an order to protect a party or person from annoyance,embarrassment, oppression, or undue burden or expense. A protective order may also be issued to prevent disclosure of certain information.
- Extracted authority condition: A discovery plan must state the parties’ views and proposals on: (A) what changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement of when initial disclosures were made or will be made; (B) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues; (C) any issues about disclosure, discovery, or preserva- tion of electronically stored information, including the form or forms in which it should be produced; (D) any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after produc- tion—whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502; (E) what changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed; and
- Extracted authority condition: 39 Rule 26 FEDERAL RULES OF CIVIL PROCEDURE (B) Witnesses Who Must Provide a Written Report.
Safeguarding and dissemination controls
- Nara basic or specified: Specified + Basic
- Nara authority rows: 15 USC 57b-2 | status: Specified | banner: CUI//SP-LPROT | sanctions: 15 USC 57b-2(c)(3) || 19 USC 1677f(g) | status: Basic | banner: CUI | sanctions: 19 USC 1677f(f)(3)-(6) || 32 CFR 2.116 | status: Basic | banner: CUI || 10 CFR 2.1010(b)(6) | status: Specified | banner: CUI//SP-LPROT || 18 CFR 385.410(c)(6) | status: Basic | banner: CUI || 29 CFR 2200.52(e) | status: Specified | banner: CUI//SP-LPROT || 46 CFR 502.201(i) | status: Specified | banner: CUI//SP-LPROT || 19 CFR 210.34 | status: Specified | banner: CUI//SP-LPROT || 19 CFR 210.39 | status: Specified | banner: CUI//SP-LPROT || 19 USC 1333(h) | status: Specified | banner: CUI//SP-LRPOT
- Nara banner markings: CUI, CUI//SP-LPROT, CUI//SP-LRPOT
- Nara sanctions: 15 USC 57b-2(c)(3) || 19 USC 1677f(f)(3)-(6)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: A discovery plan must state the parties’ views and proposals on: (A) what changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement of when initial disclosures were made or will be made; (B) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues; (C) any issues about disclosure, discovery, or preserva- tion of electronically stored information, including the form or forms in which it should be produced; (D) any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after produc- tion—whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502; (E) what changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed; and
- Extracted authority control: The scheduling order may: (i) modify the timing of disclosures under Rules 26(a) and 26(e)(1); (ii) modify the extent of discovery; (iii) provide for disclosure, discovery, or preservation of electronically stored information; (iv) include any agreements the parties reach for as- serting claims of privilege or of protection as trial- preparation material after information is produced, in- cluding agreements reached under Federal Rule of Evi- dence 502; (v) direct that before moving for an order relating to discovery, the movant must request a conference with the court; (vi) set dates for pretrial conferences and for trial; and (vii) include other appropriate matters.
- Extracted authority control: If the motion is denied, the court may issue any protective order authorized under Rule 26(c) and must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or both to pay the party or deponent who opposed the mo- tion its reasonable expenses incurred in opposing the mo- tion, including attorney’s fees.
- Extracted authority control: If the motion is granted in part and denied in part, the court may issue any protective order authorized under Rule 26(c) and may, after giving an opportunity to be heard, appor- tion the reasonable expenses for the motion.
Authority excerpts
Most relevant extracted authority passage
A discovery plan must state the parties’ views and proposals on: (A) what changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement of when initial disclosures were made or will be made; (B) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues; (C) any issues about disclosure, discovery, or preserva- tion of electronically stored information, including the form or forms in which it should be produced; (D) any issues about claims of privilege or of protection as trial-preparation materials, including—if the parties agree on a procedure to assert these claims after produc- tion—whether to ask the court to include their agreement in an order under Federal Rule of Evidence 502; (E) what changes should be made in the limitations on discovery imposed under these rules or by local rule, and what other limitations should be imposed; and
Extracted authority passage 3
The scheduling order may: (i) modify the timing of disclosures under Rules 26(a) and 26(e)(1); (ii) modify the extent of discovery; (iii) provide for disclosure, discovery, or preservation of electronically stored information; (iv) include any agreements the parties reach for as- serting claims of privilege or of protection as trial- preparation material after information is produced, in- cluding agreements reached under Federal Rule of Evi- dence 502; (v) direct that before moving for an order relating to discovery, the movant must request a conference with the court; (vi) set dates for pretrial conferences and for trial; and (vii) include other appropriate matters.
Extracted authority passage 4
If the motion is denied, the court may issue any protective order authorized under Rule 26(c) and must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, or both to pay the party or deponent who opposed the mo- tion its reasonable expenses incurred in opposing the mo- tion, including attorney’s fees.
Extracted authority passage 5
If the motion is granted in part and denied in part, the court may issue any protective order authorized under Rule 26(c) and may, after giving an opportunity to be heard, appor- tion the reasonable expenses for the motion.