9-11-26.1. Deposition from officers; protective orders.

As used in this Code section, the term:#

1. (1)

   “Officer” means a current or former high-ranking officer of an organization with unique and extensive scheduling demands or responsibilities.#

2. (2)

   “Organization” includes any governmental entity and any other organization, public or private, that is large and complex.#

Good cause for a protective order to prohibit the deposition of an officer may be shown by proof that such person is an officer and lacks unique personal knowledge of any matter that is relevant to the subject matter involved in the pending action.#

The party or person seeking a protective order has the burden of establishing the factors provided under subsection (b) of this Code section.#

Good cause for a protective order shall not be deemed shown where the party seeking discovery demonstrates that:#

1. (1)

   Such party has exhausted other reasonable means of discovery and such discovery is inadequate; and#

2. (2)

   The person seeking the protective order has unique personal knowledge of one or more matters relevant to the subject matter involved in the pending action.#

To the extent that the party or person seeking a protective order shows that an officer lacks unique personal knowledge of some, but fewer than all, matters relevant to the subject matter involved in the pending action, the court may limit the scope of the deposition accordingly, rather than prohibiting altogether the deposition of the officer.#