Posted by JYHoward on 9/15/04 3:26pm
Msg #8010

Notary Request Opinion's Needed

I have a request from an out of state Attorney's office to notarize a deposition. What do you charge for that kind of service? I mean this a first me, how many pages in a deposition need to be signed, is it similar to a closing with different forms. I was just getting the hang of HELOC and Refi's. Can any legal eagles out there give me some insight, you're comments would be greatly appreciated.

Reply by CaliNotary on 9/15/04 3:38pm
Msg #8011

I've never done one, but why didn't you just ask them exactly what it consisted of? I would guess that it's just a one page thing where the person is swearing that the deposition is accurate. I've given a depostion, but it did not have to be notarized, I just signed the last page of it.

Ultimately, your best source of info is the person that called you. There's no shame in saying "I've never done one before, what needs to be notarized?"

Reply by PAW Notary Services on 9/15/04 4:56pm
Msg #8020

Depositions are simply statements made by a person under oath. As a notary, you may not be able to take a deposition (check your state laws), but typically you can administer the oath, let the person make their statement which is then transcribed. The transcription is then "approved" by the affiant (person making the statement) and signed by them. The transcription may or may not be notarized, but quite often a notarial statement is added to the transcription stating that the contents of the deposition was made under oath. For example, in Florida it would look something like:

STATE OF FLORIDA
COUNTY OF ____________

In my capacity as a Notary Public of the State of Florida, I certify that on the _____ day of _________________, 20___, at (time) a.m./p.m., (name of deponent) personally appeared before me and took an oath (or affirmation) for the purpose of giving testimony in the matter:__________________________________________________.

Identification:
Personally Known__________
or Produced Identification__________
Type of Identification Produced__________

Notary Signature
PRINT, TYPE OR STAMP NAME OF NOTARY
(SEAL)


Or, the "deposition" may simply be nothing more than an affidavit where a normal jurat would be applied.

Reply by Sylvia_FL on 9/15/04 8:10pm
Msg #8040

You can only charge your state's allowable notary fee, plus a reasonable travel fee (if your state allows you to charge a travel fee)

Reply by JYHoward on 9/16/04 8:44am
Msg #8066

Thank you very much for your input. Yes, in Georgia, I can charge a travel fee. I just was not aware of how much a deposition entaled and the Texas Attorney wanted specifics but did not give me any information other than the document being a deposition and can I do it by Friday of this week. I don't even know what county they would like me travel to in order to complete it. The distance will determine my travel charges. Again, I appreciate your input and at least I can speak intelligently to this client when it's time to go over specifics this morning.