In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to shield high-level executives and officials from being deposed.  See, e.g., Robinett v. Opus Bank, No. C12-1755MJP, 2013 WL 5850873, at *5 (W.D. Wash. Oct. 30, 2013) (citing Salter v. Upjohn Co., 593 F.2d 649, 651 (5th Cir. 1979)). In this case, Defendant Umpqua Bank argued that Washington should adopt a specific application of the apex doctrine, where a party seeking to depose a high-level officer must first show that: (1) the witness has unique, non-repetitive, firsthand knowledge of the facts at issue in the case, and (2) other less intrusive means of discovery, such as interrogatories and depositions of other employees, have been exhausted without success. Stratford, slip op. at 10.  The Washington Supreme Court rejected both this specific application and the doctrine more generally. Continue Reading Washington Supreme Court Unanimously Rejects the Apex Doctrine