In a recent ruling, the Washington Supreme Court has unanimously declined the use of the ‘apex doctrine’ in a lawsuit related to negligent hiring against three top executives from Umpqua Bank. According to Law.com, the financial institution had relied on this doctrine in an attempt to shield these executives from having to appear at deposition.
The ‘apex doctrine’ applies in certain jurisdictions to protect high-ranking officials from deposition. The proponent must demonstrate that the witness has personal knowledge of the facts and that less intrusive means of discovery have been unsuccessful. In this case, the court was asked to determine if Washington follows, or should follow, the ‘apex doctrine’.
Justice Susan Owens, writing on behalf of the unanimous court, clarified the rationale behind the ruling. She stated that the ‘apex doctrine’ has not been adopted by any court in Washington State. The court declined to endorse the doctrine as it appears to contravene discovery rules by inappropriately shifting the burden of proof, and it undermines access to the courts.