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Discovery is the process that allows litigants to gather information from the opposing party in a civil lawsuit. Discovery practices differ among states, and each state’s discovery laws generally determine (1) the scope and limits of what information can be gathered, (2) how it is gathered, and (3) when it is gathered. Depositions are included in discovery methods and allow parties to ask the deponent questions relating to the case. Depositions are not only expensive but can be disruptive, especially to high-level corporate executives whose time and dedication to their companies should be their primary focus. In some jurisdictions, corporate executives rely on the Apex Doctrine, which may prevent such executives from being deposed or being subjected to other forms of discovery due to their high-ranked position. But would enforcement of this doctrine be unfair to litigants in asserting a claim against a large, profitable corporation?

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