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In-person deposition guide
Posted by  VT_Syrup of VT on 3/13/19 8:34am Msg #604303
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.
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Messages in this Thread
 In-person deposition guide -  VT_Syrup on 3/13/19 8:34am
 Re: In-person deposition guide -  ikando on 3/13/19 12:32pm
 Re: In-person deposition guide -  VT_Syrup on 3/13/19 12:55pm
 In-person deposition guide - NewPhoenix on 3/13/19 1:06pm
 From replies, I'd say this is a 'state-specific' thing. - Lee/AR on 3/13/19 3:08pm
 Re: From replies, I -  JanetK_CA on 3/13/19 3:29pm
 I have done oath administrations (swearing in) for video or -  MW/VA on 3/13/19 7:34pm
 Re: I have done oath administrations (swearing in) for video or -  VT_Syrup on 3/13/19 8:19pm
 Re: Telephonic court appearances - FlaNotary2 on 3/14/19 4:56am
 I've done many of those for telephone conferences for FL. -  MW/VA on 3/14/19 5:44pm

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