Protective Order Template

United States District Court for the [District] of [State]
Case No.: [Number]

[Plaintiff],
Plaintiff,

v.
[Defendant],
Defendant.

Stipulated Protective Order

The Court finds good cause to enter this Protective Order to facilitate the exchange of confidential information during discovery. Accordingly, IT IS HEREBY ORDERED:

1. Definitions

• "Protected Material" includes documents, testimony, or information designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY" (AEO).
• "Producing Party" and "Receiving Party" refer to parties or non-parties exchanging discovery.

2. Scope

• Applies to all Protected Material regardless of medium. Does not restrict information lawfully obtained outside discovery or publicly available.

3. Designation of Protected Material

• Producing Party may designate material by stamping or marking "CONFIDENTIAL"/"AEO" or by written notice referencing Bates numbers.
• Deposition testimony may be designated on the record or within [Number] days after transcript receipt.

4. Challenge to Designations

• Receiving Party may challenge designations by written notice. Parties must confer in good faith; if unresolved, the challenging party may seek Court intervention. Burden remains on Producing Party to justify designation.

5. Use of Protected Material

• Protected Material used solely for this litigation and not for other purposes.
• CONFIDENTIAL material may be disclosed to parties, counsel, experts, court personnel, and others as specified.
• AEO material limited to outside counsel, experts, and individuals approved by Producing Party or Court.

6. Disclosure Requirements

• Prior to sharing Protected Material with experts or consultants, Receiving Party must obtain written acknowledgment (Exhibit A) agreeing to be bound.

7. Filing Under Seal

• If Protected Material must be filed, party shall follow Local Rule [Rule] for sealing. Public filing permitted only after applying appropriate redactions or obtaining Court approval.

8. Inadvertent Disclosure

• Inadvertent failure to designate does not waive protection; Producing Party must promptly correct designations.
• Inadvertent production of privileged material governed by Fed. R. Evid. 502(d); Receiving Party shall return or destroy upon notice.

9. Non-Party Requests

• If Receiving Party receives subpoena or order seeking Protected Material, it shall notify Producing Party promptly to allow intervention.

10. Final Disposition

• Within [Number] days after final disposition, Receiving Party shall return or destroy Protected Material, certifying compliance. Counsel may retain archival copies of filings and work product.

11. Modification

• Parties may stipulate to modifications; Court retains authority to amend this Order.

12. Jurisdiction

• Court retains jurisdiction to enforce obligations after termination of litigation.

IT IS SO ORDERED.

Dated: ____

[Judge Name]
United States [District/Magistrate] Judge

Exhibit A – Acknowledgment and Agreement to Be Bound

I, ________, have read the Protective Order entered in [Case Name], agree to be bound by its terms, and submit to the jurisdiction of the Court for enforcement.

Signature: ____ Date: __