Fill and Sign the Motion for Protective Order Mississippi Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       , PLAINTIFF VS. CIVIL ACTION NO.             , DEFENDANT DEFENDANT'S MOTION FOR PROTECTIVE ORDER COMES NOW DEFENDANT,       , by and through his/her attorneys of record herein, and files this his/her Motion for Protective Order pursuant to Rule 26(d) of the Mississippi Rules of Civil Procedure, and would show unto the Court the following: 1. This lawsuit is set for trial on             ,       . The Plaintiff,       , has scheduled the deposition for trial purposes of one of his/her expert witnesses,       , for             ,       . 2. The Defendant requests the Court to enter a protective order that the deposition for trial purposes of       not be taken on             ,       as scheduled. The reason for the motion for protective order is that the Plaintiff has not fully and adequately complied with Rule 26 of the Mississippi Rules of Civil Procedure regarding the disclosure of all of the anti- cipated opinions of       . In Plaintiff's Second Supplemental Response to Defendant's written discovery, which was filed on             ,       , he/she indicated the following with regard to his/her expert,       : "will supplement medical impairment rating and any further restrictions assigned by       ." Only       days remain before the scheduled date of       's trial deposition, and yet Plaintiffs have not supplemented as promised. The time for supplementing additional information regarding       's opinions has long since come and gone. With only       days remaining before the trial deposition of       , the Plaintiff has still not fully complied with his/her duty to provide the Defendant with all of the anticipated opinions of his/her expert witness. The Defendant cannot possibly meet and adequately defend against the Plaintiffs' expert at a trial deposition if he/she does not know ahead of time what opinions the expert intends to state. 3. The Plaintiffs should not be allowed to sandbag or sit back and attempt to feed the Defendant with bits and pieces of opinions from one of the most important experts in this case. The days of trial by ambush have long since passed. With only       days remaining before the scheduled trial deposition of a critical expert witness and only weeks remaining before the trial date, the Defendant will clearly be prejudiced if required to go forward with the trial deposition of       . Therefore, the Defendant requests the Court to enter a protective order that the deposition for trial purposes of       not be taken until such time as the Plaintiffs have adequately and fully complied with Rule 26 and provided the Defendant with all of the anticipated opinions of       and the bases for those opinions, and the Defendant has had adequate time to prepare to meet and defend against those opinions. WHEREFORE, PREMISES CONSIDERED, Defendant,       , moves the Court for a protective order which prevents the deposition for trial purposes of       from being taken until such time as the Plaintiffs have fully and adequately complied with Rule 26 of the Mississippi Rules of Civil Procedure and provided the Defendant with all of the anticipated opinions of Plaintiffs' expert and the bases for those opinions, and the Defendant has had adequate time to prepare to meet and defend against those opinions. RESPECTFULLY SUBMITTED, this the       day of       ,       . __________________________________ BY:       CERTIFICATE OF SERVICE I,       , do hereby certify that I have this day caused to be sent by facsimile and via United States mail, first class postage prepaid, a true and correct copy of the above and foregoing pleading to the following counsel for Plaintiffs:       T his       day of       , 20       . ____________________________________