Ex Parte Indus. Dev. Bd. of Montgomery

Summary

The Supreme Court of Alabama granted the Industrial Development Board's petition for a writ of mandamus and directed the trial court to bar the plaintiffs from deposing the Board's counsel. The Court held that the party seeking a protective order bears the burden under Rule 26(c), but that the factors used to limit depositions of opposing counsel provide a practical way to assess good cause. Because the requested information was available from other sources and the plaintiffs did not show that counsel's testimony was crucial, the trial court exceeded its discretion. The rulings permitting videotaping and document production became moot once the deposition itself was barred.