Apex Doctrine – S.B. 74
Georgia – 2023
Includes language commonly referred to as the apex doctrine, which provides for certain criteria required to secure the deposition of certain high ranking public and corporate employees. The legislation defines a “high-ranking officer” as someone who is or has been a high-ranking officer of any large governmental entity or large corporation. A high-ranking official may demonstrate good cause for a protective order by showing they had no unique personal knowledge of any matter relevant to the subject matter involved in the underlying action. When the party seeking discovery has exhausted other reasonable means of discovery and the discovery is deemed inaccurate, good cause will not be considered sufficiently demonstrated. Finally, the court will have the ability to limit the scope of the deposition when a high-ranking officer lacks only some unique personal knowledge as it relates to the underlying litigation.
Latest News
View all news
Congressional Hearing on Bankruptcy to Address Mass Tort Litigation
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
Climate Lawsuits Don’t Belong In State Courts
By maintaining the clear distinction between the judiciary and policymaking, the court can help us navigate this critical issue with prudence and responsibility, safeguarding a sustainable future for all.
House Oversight Hearing on Third-Party Litigation Financing Applauded by ATRA
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system
Georgia Legislature Needs to Address Lawsuit Abuses
Together, let’s forge a legal landscape that makes equitable access to justice a living reality for all Georgians.
Private Attorneys Hired by State Should Not Reap a Windfall at Taxpayers’ Expense
This is an opportunity to reassess the practices and regulations surrounding private-attorney contracting and to enact reforms that promote fairness, transparency and value for taxpayer dollars.
ATRA Applauds 4th Circuit’s Denial of En Banc Review in Bestwall Litigation
Allowing the company to continue the bankruptcy process will help ensure equitable and efficient resolution in complex mass tort claims