Posted by ny_notarypub on 6/4/05 12:02pm
Msg #42311

Notarizing a Deposition

I have never notarized for a Deposition before. Any help?

I know there needs to be Jurat wording and an Oath/Affirmation needs to be administered, but....is there anything else out of the ordinary I need to do? (Besides recording in my Notarial Journal)

thanks to all for any feedback.

Reply by BrendaTX on 6/4/05 12:06pm
Msg #42314

The proper notarial certificate should be attached. If it is not, the Texas Notary handbook (and hopefully NY's) has the proper certificate to attach to it. If it were in Texas, you'd need to make sure and swear them in.

Reply by PAW_Fl on 6/4/05 1:28pm
Msg #42322

NY is similar to FL in that the notary must place the deponent under oath, thus requiring that the deponent be physically present in front of the notary. The deponent then is deposed by attorneys, either physically present and/or via telephone. The transcript of the deposition must be recorded.

FL suggests that a certification be completed by the notary, but I could find so such stipulation in the NY statutes.

FYI - This topic is covered in "Civil Practice Law and Rules", Article 31.

Note that notaries can only take depositions in civil proceedings and not on Sunday!

Reply by PAW_Fl on 6/4/05 1:31pm
Msg #42324

Disclaimer to preceding post ...

I am not an attorney licensed in the State of NY (nor FL) and am not offering legal advice or interpretation of the NY statutes. The preceding is strictly my personal opinion from the information at my disposal.