(a) Declination. If in the judgment of a party it would be detrimental to the interests of justice
to make any of the disclosures required by these rules, such disclosures may be declined,
before or at the time that disclosure is due, and the opposing party advised in writing, with
a copy filed with the clerk, of the specific matters on which disclosure is declined and the
reasons for declining. If the opposing party seeks to challenge the declination, that party
shall file a motion to compel that states the reasons why disclosure is sought. Upon the
filing of such motion, except to the extent otherwise provided by law, the burden shall be
on the party declining disclosure to demonstrate, by affidavit and supporting memorandum
citing legal authority, why such disclosure should not be made. The declining party may
file its submissions in support of declination under seal pursuant to L.R. 7.2 for the court's
in camera consideration. Unless otherwise ordered by the court, a redacted version of each
such submission shall be served on the moving party, which may reply.
(b) Ex Parte Motions for Protective Orders. This rule does not preclude any party from
moving under L.R. 7.2 and ex parte (that is, without serving the opposing party) for leave
to file an ex parte motion for a protective order with respect to any discovery matter. Nor
does this rule limit the court's power to accept or reject an ex parte motion or to decide such
a motion in any manner it deems appropriate.
Adopted September 8, 1998; effective December 1, 1998; amended effective February 1, 2012.
