New Florida Law Protects Company Executives from Testifying in Court Cases

– The Florida Supreme Court has officially adopted the apex doctrine for lawsuits in Florida, effective August 26, 2021.
– The apex doctrine limits when high-level company personnel can be deposed, reducing potential harassment and settlement leverage.
– Courts consider two factors when determining whether to allow an apex deposition: whether the officer has unique first-hand knowledge and whether other less intrusive methods have been exhausted. – The recent ruling by the Florida Supreme Court has extended the apex doctrine to include high-level corporate officers, providing them with protection from harassing depositions.
– The new Florida Rule of Civil Procedure, 1.280(h), requires parties seeking a deposition of a high-level officer to demonstrate the officer’s unique, personal knowledge of the topic and exhaustion of other avenues of discovery.
– High-level officers can seek a protective order from the court to prevent the deposition by demonstrating their status and lack of unique, personal knowledge of the litigated issues. – The Florida Supreme Court declined to incorporate a specific definition of “high-level government or corporate officer” into the statute and instead deferred to existing case law.
– The Court noted that the “high-level officer” status should not be based solely on legal officer status, but should also consider the individual’s position and roles within the company and the status and structure of the company itself.
– The adoption of the apex doctrine took effect immediately upon the Court’s issuance of its opinion on August 26, 2021, and extends to pending and future cases, providing increased protection for high-level officers of Florida corporations.

https://www.jimersonfirm.com/blog/2021/09/florida-adopts-apex-doctrine/