Below, you will find a link to an article published by a bar certified. IT clearly shows that in some instances, the elitist members of society and of the government, do have special privileges and that those privileges will be enforced without a proper showing on the part of the commoner that these privileges should be abated in the issue at hand.
A short excerpt from the article, followed by the url:
"As evidenced with the recent Congressional testimony by the leaders of the tobacco industry,apex1 officials are becoming more willing to stand up and defend their companies in times of trouble. At the same time, no discovery device has become more troublesome for companies than a notice for the deposition of their top executives.2 In light of these developments, courts across the country have been attempting to create standards to balance the rights of litigants to obtain relevant and discoverable information from apex officials against the official’s right to avoid undue burden and abuse.3
Earlier this year, the Supreme Court in a unanimous opinion ruled that a sitting President does not have legal immunity from allegations involving his personal conduct, thereby refusing to postpone President Clinton’s deposition in the Paula Jones case.4 The President contended that he occupies a unique office with responsibilities so vast and important that public interest demands that he devote his undivided time and attention to his public duties.5 Although the Court refused to postpone his deposition, the Court did hold that the “prestige of the position” should be considered when determining “the conduct of the entire proceeding, including the timing and scope of discovery.”6 These same policy concerns exist when any apex official is noticed for deposition and thus courts must always consider the “timing and scope” of apex discovery. Although Florida appellate courts have yet to establish guidelines for apex discovery, decisions from other districts have generated workable and persuasive criteria that should be applied in Florida.7 "
Enjoy the read.
http://www.floridabar.org/DIVCOM/JN/...f?OpenDocument
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