Tim Cook Deposition
Epic Games originally wanted Mr. Cook’s deposition to be eight hours. Apple tried and failed to dismiss his appearance by citing the apex-deposition doctrine. This means that in order for a high-level corporate employee to depose, the party opposing the deposition must show:
- The witness lacks unique, first-hand knowledge of the facts at issue and
- Other, less intrusive means of discovery have not been exhausted.
Usually lower-level employees will be deposed before a higher-level employee. But in this case, Judge Hixon ruled this length of time is “how long a witness must suffer being deposed.” In reference to the case itself, and the knowledge required to explain App Store polices, Judge Hixon said: “there is really no one like Apple’s CEO who can testify about how Apple views competition in these various markets that are core to its business model.”
Apple had also requested to subpoena internal documents held by Samsung, which Judge Hixon also denied.