§ 1-65 Protective Orders.
RCNY § 1-65
(a)General. An Administrative Law Judge may at any time on his or her own initiative, or on the motion of any party or any person from whom or about whom a disclosure is sought, make a protective order denying, limiting, or conditioning the use of any disclosure device. Such order should be designed to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person.
(b)Interlocutory review. Interlocutory review of a decision to grant or deny a motion for a protective order, in whole or in part, is governed by 47 RCNY § 1-63(b).
(c)Suspension of disclosure obligations while a motion for protective order is pending. Service of a motion for a protective order will stay the obligation to disclose the particular materials in dispute until the date specified in an order on the motion issued by an Administrative Law Judge pursuant to 47 RCNY § 1-65(a), or where interlocutory review of such order is sought pursuant to 47 RCNY § 1-63(b), by the Chair on the motion for interlocutory review.
(d)Materials related to immigration status. Materials related to immigration status are not subject to disclosure or discovery absent an order to compel issued by the Chair. A party seeking production of such materials may move the Administrative Law Judge for a recommendation to the Chair for an order to compel. When deciding a motion for an order to compel the production of such materials, the Chair must consider the following factors: whether the materials are relevant and necessary to a claim or defense, and whether production of the materials will subject a party to annoyance, embarrassment, oppression, undue burden, or prejudice (including in terrorem effect). Notwithstanding the foregoing, an individual may voluntarily produce or authorize the production of information about the individual's own immigration status. (Added City Record 8/6/2019, eff. 9/5/2019)
