Moving for and Challenging a Protective Order under the Apex Doctrine

Florida codified the Apex doctrine in 2021. Florida Rule of Civil Procedure 1.280(h), codifying the Apex doctrine, provides: A current or former high-level government or corporate officer may seek an order preventing the officer from being subject to a deposition. The motion, whether by a party or by the person of whom the deposition is sought, must be accompanied by an affidavit or declaration of the officer explaining that the officer lacks unique, personal knowledge of the issues being litigated. If the officer meets this burden of production, the court shall issue an order preventing the deposition, unless the party seeking...