Fill and Sign the Domestic Violence Special Commissioner Third Judicial Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, PROTECTIVE ORDER AND , Respondent, TO: _______________________ Pursuant to stipulation of the parties dated _______________, and based on the remaining files, records, and proceedings herein, the Court being fully advised in the premises, IT IS HEREBY ORDERED: 1. For purposes of this order, "Confidential Information" means any of the following however produced in this action: any and all records, documents, facts, information, and t estimony of a financial nature regarding or relating to _______________, or any other corporation, partnership, or other business entity, herein a "_______________ entity" in which either party has an ownership int erest (excluding only entities in which such ownership interest consists solely of the ownership of publicly traded securities). Such matters "of a financial nature" include but are not necessarily limited to matters regarding or relating to _______________ or a _______________ entity's assets (including identification and both book and market values thereof), liabilities, capital, revenues, expenses, profi ts or losses, and sources and uses of funds; any and all reports of appraisals of any asset or asset s _______________ or a - 2 - _______________ entity; and any and all contracts or other agreements to which _______________ or a _______________ entity is a party including any bids, offers, and negotiations related thereto.2. Neither party shall file Confidential Information nor cause Confidential Informati on to be filed with the Clerk or Administrator of this Court in this action, other than at trial, without: (a) first giving not less than five business days' written notice of such proposed fi ling to the other party's counsel of record, specifying in such notice the particular Confidential Information proposed to be filed; and (b) first obtaining leave of this Court. 3. Any Confidential Information filed with the Court pursuant to paragraph 2 of this order, other than at trial, shall be filed in a sealed envelope bearing the capt ion of this action and the legend: "CONFIDENTIAL INFORMATION PURSUANT TO PROTECTIVE ORDER D ATED _______________, TO BE OPENED BY THE COURT ONLY." 4. Any Confidential Information filed with the Court at trial of this matter sha ll be conspicuously marked with the legend: "CONFIDENTIAL INFORMATION PURSUA NT TO PROTECTIVE ORDER DATED _______________, 20 ." 5. For purposes of this order, an "Authorized Person" means a party to this action; t he parties' respective attorneys (past, present, or future) and, to the extent reasonabl y deemed necessary or appropriate by said attorneys, members of their paralegal and clerical staffs; personnel of this Court; Authorized Experts (as defined in paragraph 6 of this order) and, to the extent reasonably de emed necessary or appropriate by an Authorized Expert, members of his or her clerical st aff; and employees of _______________ and other _______________ entities. No Authorized Person shall make any use of Confidential Information whatsoever nor disclose any Confidential Information to anyone exc ept to another Authorized Person, at any time, except in the ordinary course of _______________ or another _______________ entity's business or in the course of discharging responsibilities directly re lated to the litigation of this action. 6. For purposes of this order, an "Authorized Expert" means: - 3 - (a) _______________, Certified Public Accountants, reasonably deem necessary to discharge said firm's responsibilities as accountants and/or expert witness es for the parties. (b) _______________ and such other personnel of _______________ reasonably deems necessary to discharge said firm's responsibilities as accountants and/or e xpert witnesses for _______________ herein. (c) Such other persons as either party and/or a party's counsel may retain as expe rts in preparation for, and/or to provide expert testimony at, the trial of this matter; provide d that each such person, as and when so retained, shall sign and deliver to counsel for the party employing him a written acknowledgment of receipt of a copy of this order and undertaking to be bound by the terms hereof. Copies of all such written acknowledgments and undertakings shall be served on opposing counsel by retaining counsel promptly upon receipts. _______________, and any other experts heretofore retained by either party, shall furnish such written acknowledgment and undertakings promptly after entry of this order and receipt of copies hereof. 7. Following the conclusion of this action, each Authorized Expert shall promptly ret urn all Confidential Information in his or her possession, custody, or control to the party from whom the Confidential Information was obtained. 8. The entry of this order is without prejudice to either party's right to move for s uch further protective order(s) as a party may reasonably deem necessary under the circumstances. 9. Notwithstanding termination of this action by settlement, dismissal, or final judgment, this Court shall have continuing jurisdiction of the parties to enforce the terms hereof and, if appropriate, to impose sanctions for violation. BY THE COURT: ________________________________ Judge of District Court Dated: _______________, 20