In Re: Amendment to Florida Rule of Civil Procedure 1.280

Summary

The court amended Florida Rule of Civil Procedure 1.280 to codify the apex doctrine and extend it to current and former high-level corporate as well as government officers. The amendment permits such an officer to resist deposition upon an adequate declaration of lack of unique personal knowledge, but requires the deposition-seeking party to show exhaustion and inadequacy of other discovery and the officer's unique personal knowledge. The amendment became effective immediately and applies to pending cases.