Georgia General Assembly Passes Apex Doctrine, Signed by Governor
ATLANTA – On May 1st, Governor Brian Kemp signed SB 74 into law, codifying the ‘Apex Doctrine’ into the Georgia Civil Practice Act. The new law allows a trial court to prevent or limit the deposition of a high-ranking officer of a large corporation or government entity who has no unique, personal knowledge of the relevant facts of a civil case.
Georgians for Lawsuit Reform (GLR), a key player in securing the bill’s passage, made the case to legislators that the ‘Apex Doctrine’ respects a plaintiff’s right to depose high-ranking officers while providing relief to such officers who have no unique, personal knowledge.
“Requiring a showing of unique, personal knowledge to depose a high-ranking officer recognizes that they are not above the law, but that they are significantly more likely to receive unwarranted requests for deposition,” says Meagan Hanson, GLR’s Executive Director.
Before its adoption in Georgia, the ‘Apex Doctrine’ has been frequently applied in the federal courts and in state courts such as in Florida, California, Michigan, Texas, and West Virginia. The Georgia Supreme Court had held in GM v Buchanan that while judges could consider apex factors, adoption of the doctrine as a rule required an act of the General Assembly.
GLR is Georgia’s leading civil justice reform organization focused on ensuring a fair, balanced, and efficient civil justice system for all citizens. GLR’s membership includes Georgia’s top employers, spanning 10 industries from Fortune 500 companies to local hospitals and small businesses located across the state.
###
Contact:
Joshua Wright
Communications Director
404-662-7713
