Posted by Susan/CA on 7/17/08 10:53am
Msg #255576

Oaths taken in CA for testimony.

Can we give oaths over the phone in CA for testimony? I have never had this requested of me and I do not believe we can take an oath over the phone (for testimony taken), however, I had an attorney call me requesting me to take an oath over the phone and I refused. He said it is legal in CA. . .can anyone clarify? I did read some brief info in the CA S.O.S handbook in of which section 2094 does not make completely clear. Has anyone out here in CA ever taken an oath over the phone? I just can't see how you could legally do this .. how can you verify this is who it is? I am researching it now .. but any comments would be greatly appreciated!!!

TIA!!!!

Reply by Linda_H/FL on 7/17/08 10:56am
Msg #255577

I could be off base here but I believe

YOU meet face to face with the deponent - identify them and swear them in - they give testimony over the phone. MHO

Reply by Linda Juenger on 7/17/08 11:01am
Msg #255579

Re: I could be off base here but I believe

I also have done one of these in a divorce settlement. I met face to face with the deponent and ID'd her. The court called on the phone and I gave the oath to her so the judge could hear it. That was it. Easy, easy. Just make sure you arrive in plenty of time to ID. Don't walk in and the phone rings. Courts are always in a hurry and making them wait is not good.

Reply by Lee/AR on 7/17/08 11:19am
Msg #255581

Ditto both Lindas

Been paid $85 & $150 for this... travel being the major factor. Took 10 minutes at table.

Reply by CopperheadVA on 7/17/08 11:23am
Msg #255582

Re: Ditto both Lindas

Do you have to stay there while they testify, until their testimony is finished? Or can you leave as soon as they take the oath over the phone?

Reply by Lee/AR on 7/17/08 11:28am
Msg #255584

Re: Ditto both Lindas

Just ID, introduce yourself-"Me/Notary", give oath, s/he answers, I leave. The one lady was really disappointed that I wasn't staying to hear her divorce testimony on what a bad guy he was. LOL

Reply by Susan/CA on 7/17/08 11:31am
Msg #255585

He wanted me to take the oath over the phone not ..

in person. That was why I refused. He said it's done all the time. He yelled and yelled at me .. a real jerk. Anyway, he wanted me to take the oath over the phone not in front of the deponent. This does not sound legal to me.

Reply by rengel/CA on 7/17/08 11:36am
Msg #255586

Re: He wanted me to take the oath over the phone not ..

How does he expect you to know who is taking the oath? I could tell you that I am Laura Bush over the telephone, would you believe me?
Good for you for telling him to pound sand. Attorneys are only out for themselves, they will tell you that something is legal just to cover their own butts, and don't give a flying fig about your commission!

My .02

Reply by Susan/CA on 7/17/08 12:00pm
Msg #255589

Exactly!

Yes, that is exactly what I was trying to tell him while he proceeded to scream into the phone. He caught me totally off guard. Boy do I feel sorry for his staff .. this man was awful I could imagine how he treats his workers. . Okay .. I just wanted to verify that there wasn't something I missed somewhere about oaths for depositions. This was the first time ever (7 years commissioned) that I received an oath for a deposition request. He got my blood pressure boiling ...

Reply by Lee/AR on 7/17/08 12:19pm
Msg #255592

Random thought about this...

When the "do you swear to tell the truth--yada, yada" is done in a courtroom, nobody IDs the person. They are just under oath to tell the truth. (I watch too many lawyer shows on TV, OK?)

Reply by Bob_Chicago on 7/17/08 12:46pm
Msg #255596

Yes, but first ? is usually. "State your name" n/m

Reply by Lee/AR on 7/17/08 12:51pm
Msg #255600

Isn't that done after the oath is taken? n/m

Reply by Les_CO on 7/17/08 1:24pm
Msg #255602

Re: Exactly!

Well, you did the right thing! How to cool off properly file a complaint with the CA Bar Assn. Give the details, say one of their members is instructing notaries to preform illegal acts. Let him scream in the phone to them !

Reply by JanetK_CA on 7/17/08 4:53pm
Msg #255644

Re: Exactly!

Good idea. Seems to me, the louder someone screams and the more they try to use intimidation tactics, the more we need to be suspicious. Lots of people feel that intimidation works very well to help them get away with things - and I'd bet, sadly - they're all too often right!

Reply by Linda_H/FL on 7/17/08 12:20pm
Msg #255593

Re: He wanted me to take the oath over the phone not ..

Okay - then I apologize for misundertanding your post, Sandra..and yes, the guy's a jassack!!

MHO of course..