Filing for a Motion for Protective Order does not automatically stay a scheduled deposition. You must file the motion promptly and make every effort to schedule a hearing date prior to the deposition. Of course, you have the burden of demonstrating good cause, ideally with evidence – showing why the Motion for Protective Order should be granted. Obviously, it is in the best interest of both parties to have the court rule upon the Motion for Protective Order prior to the deposition. However, at times a hearing cannot be scheduled. Since the filing of the Motion does not act as a stay, the moving party will be faced with the decision of whether to attend the deposition and thereby waive their objections or risk sanctions for their failure to appear. Keep in mind that the courts do have the authority to grant or withhold sanctions for failing to appear at a scheduled deposition.