I have a psychological report with a protective order (standard language - information in the cannot be disclosed to any other person for any reason, nor may it be disseminated to the public, etc.) I know I cannot attach the Report to the motion papers, but I want to reference some specific assertions (or lack thereof) from the report. For example, the adverse party was unable to recite what psychological medications he currently takes. Am I permitted to do this without violating the protective order? My client was not interviewed pursuant to this evaluation, so she has not been allowed to respond to some of the allegations the other party made to the psychologist.
This question also applies to CNA Reports issued under protective orders - in the past I have seen some attorneys quote blocks of the text of the CNA Report in their motion, which seems to be a violation of the protective order.
What about at oral argument - am I permitted to reference specific portions of the report at that time? It seems to me this would be necessary to properly advocate for your client and address relevant issues before the Court, but would also violate the plain language of the protective order.
My general opinion is that it is acceptable to reference the fact that the report exists but not to attach it or specifically reference it in the motion papers, but it's OK at oral argument.
Thanks for your input.
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Gregory Thomlison Esq.
Toms River NJ
(732)736-8100
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