The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

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The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the federals rules is helpful to parties when developing a case for trial, it also creates the potential for abuse. As explained by the United States Supreme Court, “rules designed to facilitate expeditious resolution of civil disputes have too often proved tools for harassment and delay.” As a result of this potential for abuse, the federal rules empower courts to protect litigants against unreasonable discovery:

Liberal discovery is provided for the sole purpose of assisting in the preparation and trial, or the settlement, of litigated disputes. Because of the liberality of pretrial discovery permitted by Rule 26(b)(1), it is necessary for the trial court to have the authority to issue protective orders conferred by Rule 26(c). It is clear from experience that pretrial discovery by depositions and interrogatories has a significant potential for abuse.

Originally published in The Foundation for Natural Resources and Energy Law in the manual of the Natural Resources and Energy Litigation Special Institute - 2022

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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