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- Title
FLORIDA SUPREME COURT LEADS ON APEX DOCTRINE.
- Authors
BEHRENS, MARK A.; APPEL, CHRISTOPHER E.
- Abstract
The court may vacate or modify the order if, after additional discovery, the party seeking the deposition can meet its burden of persuasion under this rule. 10 Courts additionally often require that "the information cannot be obtained by less intrusive means, such as by deposing lower-level officials or employees."11 Federal and state courts adopting the apex doctrine typically base their decision on existing rules that address unduly burdensome civil discovery. The court did so on its own motion to clarify the doctrine's existing application to the depositions of high-level government officials and to "extend its protections to the private sphere."22 The Florida Supreme Court had not previously weighed in on the apex doctrine's acceptance or application. As the Texas Supreme Court stated when adopting the apex doctrine, "virtually every court which has addressed the subject" has appreciated the need for discovery rules that accommodate the unique problems presented by deposing high-level officers.16 Although many federal and state courts have formally adopted the apex doctrine based upon existing procedural rules, other courts have informally applied the doctrine when identifying the circumstances in which high-level officers can be deposed.
- Subjects
FLORIDA; TEXAS. Supreme Court; APPELLATE courts; CONSTITUTIONAL courts; DEPOSITIONS; AMICI curiae
- Publication
Brief, 2022, Vol 51, Issue 2, p32
- ISSN
0273-0995
- Publication type
Article