News & Analysis as of

GA Supreme Court Discovery

Esquire Deposition Solutions, LLC

Indiana High Court Is Latest to Examine “Good Cause” for Remote Proceedings

Increasingly, the phrase “good cause” is being used by courts to decide whether a deposition or other judicial proceeding should be conducted remotely or in person. Depending on the jurisdiction and the precise nature of the...more

BCLP

Georgia Supreme Court Finds “Apex Doctrine” Factors Are Entitled to Consideration

BCLP on

The Supreme Court of Georgia recently issued a decision on whether the Apex Doctrine - a theory under which high-ranking corporate executives and government officials may not be compelled to sit for depositions if they lack...more

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Rejects "Apex Doctrine"

On June 1, 2022, the Georgia Supreme Court issued a ruling that has the potential to significantly impact discovery in Georgia courts. In Gen. Motors, LLC v. Buchanan, No. S21G1147, 2022 WL 1750716 (Ga. June 1, 2022), the...more

Faegre Drinker Biddle & Reath LLP

Georgia Supreme Court Will Address the Problem of Abusive “Apex” Depositions

A frequent and vexing issue for corporate defendants, in products liability and other cases, is the demand for a deposition of the company’s CEO or depositions of other senior executives. Even when these executives were not...more

Butler Snow LLP

Think twice before filing a spoliation motion against a plaintiff in Georgia.

Butler Snow LLP on

Georgia courts have finally claimed the same legal standard applies to plaintiffs and defendants when courts are deciding when the duty to preserve relevant evidence arises. But the application of the standard to plaintiffs...more

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