Join  |  Login  |   Cart    

Notary Rotary
Just PoliticsLeisure
Welcome to the Notary Talk General Discussion Forum. Before posting, please read the

You are replying to this message:
 In-person deposition guide
Posted by  VT_Syrup on 3/13/19 8:34am

I was called about administering oaths for an in-person deposition (no telephones involved). The deposition got cancelled, but before it was cancelled, I read the law in my state and it appears it could potentially be a fair bit more complicated than just administering an oath.

The parties can, IF THEY WANT TO, stipulate to variations in procedure, which could allow the notary to merely administer the oath. But IF THEY DON'T, it looks like the notary would need to make a short statement at the beginning (notary's name and address, date and location, names of persons present), administer oaths, sit through the whole thing, and make a short statement at the end. The notary would be acting as the officer before whom the deposition was held.

Does anyone have any practical guides for depositions from the point of view of the notary? There are guides online for lawyers, suggesting what kind of questions they should ask, and guides for witnesses suggesting that they get a lawyer and follow the lawyer's advice, but I couldn't find anything for the notary.

I'm concerned there may be gotchas that aren't apparent from reading the law. On the other hand, it seems like an opportunity. There are court reporters over the border in NY who come to VT, but can't administer oaths in VT, so they call in a VT notary. It isn't clear why one of the lawyers, who would also be a notary, couldn't administer the oath, but the fellow from the company that arranges these things seemed to think outside notaries were generally called in.

Vermont Court Rules are at

On right side of page click "Vermont Court Rules". Rules about depositions are under RULES OF CIVIL PROCEDURE -> DEPOSITIONS AND DISCOVERY -> Rule 26 through 31.
Important Notice

At this time, you must be signed-in to Post a Message to the Notary Talk Discussion Forum.

In order to sign-in, you must have a Notary Rotary™ membership. Basic Membership is free. Basic Members should update their profiles at least every 6 months to prevent them from being deleted.

If you do not already have a membership, click the Join link above. After creating your profile, you should log in and update it from the My Profile page. If you do not want your information displayed to others (e.g. advertised under Find a Notary), you can hide it by checking the "Hide profile from searches" box.

If you already have a profile, click the Login link above to sign-on. If you have forgotten your password, follow the directions on the login page.

Find a Notary   Notary Supplies   Terms   Privacy Statement   Help/FAQ   About   Contact Us   Archive  
Notary Rotary™ is a trademark of Notary Rotary. Copyright © 2002-2019, Notary Rotary, Inc.  All rights reserved.
500 New York Ave, Des Moines, IA 50313.