Depositions
Types
The apex doctrine restricts depositions of high-level executives where they lack unique personal knowledge and less burdensome discovery is available. The party seeking the deposition typically must show unique knowledge and exhaustion of alternatives.
Burden allocation varies by jurisdiction.
Alternative Names:
Apex Doctrine, Senior Executive Deposition
Why it Matters?
The doctrine is a protective order device rather than an absolute bar, and its effectiveness depends on whether the jurisdiction places the burden on the seeking party or requires the executive to demonstrate lack of knowledge. Establishing through a lower-level witness or interrogatory that the executive had no involvement is the practical predicate for the motion. Where the executive made a decision at issue, the doctrine provides little protection.
Frequently Confused with
Related terms
Frequently asked questions
What must be shown to take an apex deposition?
When does the doctrine fail?
