Behrens & Appel: Florida Supreme Court Leads on Apex Doctrine
The Florida Supreme Court recently announced, on its own motion, an amendment to the Florida Rules of Civil Procedure to codify the “apex doctrine” and “protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing litigants’ right to depose such persons if necessary.” The amendment marks the first time a state has moved to codify the doctrine (sometimes called the “apex deposition rule”) as a stand-alone rule of civil procedure. Many courts have adopted the doctrine as a judicial interpretation or “common law gloss” on existing procedural rules. The Florida Supreme Court’s decision furthers a trend of courts protecting high-level officers from unduly burdensome or harassing depositions and may serve as a model for amendments to civil rules in other states.
