Posted by Sherri Brasher on 5/13/09 11:58am
Msg #288280
Deopsitions
I am a bit confused about what a notary is supposed to do at a deposition. Could someone please explain in more detail. I have not had to do this yet, but do have a client who wishes to use my services for this purpose. Thank you for any assistance.
| Reply by Stamper_WI on 5/13/09 12:00pm
Msg #288281
Id the person, swear them on (oath) and leave.
| Reply by SB/CA on 5/13/09 12:08pm
Msg #288282
Are we allowed to charge for travel?
| Reply by rengel/CA on 5/13/09 12:17pm
Msg #288283
It is all spelled out in your Notary Handbook.
| Reply by davidK/CA on 5/13/09 12:43pm
Msg #288290
I don't need no stinking handbook!
I took the test and passed. I just don't remember what they "taught" me that day.
My apologies to Alfonso Bedoya (aka Gold Hat) in "The Treasure of the Sierra Madre".
| Reply by janCA on 5/13/09 12:53pm
Msg #288291
the only time I can think of when a notary is needed for a deposition is when the depo is being taken over the phone, otherwise the court reporter would be giving the oath if the deposed is sitting right there in front of her/him. I'm sure many notaries have had this experience, so please let us know what your experience has been. I've been on many depos and it's always the court reporter giving the oath.
| Reply by Stamper_WI on 5/13/09 1:15pm
Msg #288299
Re: Depositions
I did a video deposition in a motel conference room. A Dr was testifying as an expert witness for a case in CA. There was a court reporter there. They had me come in to ID the Dr and administer the oath on tape. No they didn't film me, I was next to the camera man. Then I left.
I have also done it over the phone for an out of state court in session, for a testimony over the phone. She told me later that she was on the phone for 2 hrs. I didn't have to stick around for the testimony.
| Reply by PAW on 5/13/09 1:27pm
Msg #288306
In FL, I've never seen the court reporter give the oath, unless they are also a notary. Many reporters are notaries, but I submit there just as many who are not.
| Reply by Bob_Chicago on 5/13/09 1:35pm
Msg #288308
Never run across a court reporter who was NOT a NP.
Possibly because Illinois requires about $50 and a pulse to obtain
a commission.
| Reply by dickb/wi on 5/13/09 1:52pm
Msg #288320
bob..it's that damn pulse thing..gets u every time.go cubs.. n/m
| Reply by Marian_in_CA on 5/13/09 1:58pm
Msg #288325
In California, all CR's are notaries...
or at least, per state law, if they are a Certified Court Reporter, they are authorized by state law to administer oaths and take depositions. It's part of the Business and Professions Code.
Usually, they call in a notary when the court reporter doesn't have authority in California to administer the oath. This is often the case when big law firms fly in a CR from a service back east.
| Reply by PAW on 5/13/09 2:12pm
Msg #288329
In Florida ... (long)
Not all are notaries. Some of the court's job descriptions (depending on the district) make no mention of a commission being required. Some "prefer" a commission. For example, here's a job description recently posted for a court reporter, where a "notary certification" is preferred:
DIGITAL COURT REPORTER: Twentieth Judicial Circuit, Ft. Myers, Florida. Summary: This position performs responsible work throughout the five counties of the circuit related to capturing and maintaining a verbatim record of court proceedings. This position operates electronic recording and transcribing systems to record, tag and transcribe court proceedings. The position is responsible for proper archiving and accessing of an electronic copy of a court proceeding. This position also performs duties related to maintaining and storing court recordings, responding to requests for court recordings, transcription services, and other related duties, as assigned. The Digital Court Reporter will establish effective working relationships with judges, court personnel, Offices of the Clerks of the Court, Office of the State Attorney, Public Defender's Office, other state agencies, members of the bar, and the general public. Work is performed under the direct supervision of the Electronic Court Reporting Manager. Qualifications: Graduation from a standard high school or GED equivalent and two years of advanced stenographic work in the court system, legal field or criminal justice environment. Notary certification in the State of Florida is preferred. Certification from the American Association of Electronic Reporters and Transcribers (AAERT) may be required at the discretion of the Chief Judge or Designee.** A valid Florida Driver's License is required. Knowledge of English grammar, punctuation and spelling of spoken word. Ability to use and understand the applicable analog and/or digital recording system for recording and transcribing proceedings. Ability to type 35 correct words per minute. Ability to use a personal computer in a Windows environment. Ability to use word processing, spreadsheet and e-mail applications, such as Word and Excel. Ability to use the Internet.** A typing test is required. Salary:$2,586.98 - $4,785.91 (Monthly).
Then there is this one, where no mention of a notary "certification" or commission is made:
COURT REPORTER I: 12th Judicial Circuit Court. Sarasota, Florida. Summary: This is responsible, independent, technical work providing judges and attorneys with simultaneous transcription of testimony during hearings and trials. Duties: The Court Reporter I stenographically reports all proceedings in courts in order to create an accurate and verbatim transcript of the proceedings. The Court Reporter I edits and translates stenographic notes, proofreads transcripts, verifies the correct spelling of names, places, medical, scientific and technological terms. This position may be required to sit in one position for long periods of time. Ability to operate a stenographic machine and voice writing equipment. Ability to record testimony at the standard required speed and accuracy. Ability to handle multiple tasks with deadline requirements. Ability to interact professionally and maintain an effective working relationship with supervisors, co-workers, government officials and the public. Ability to work in a fast-paced, automated environment with many interruptions. Knowledge of court system procedures, practices and applicable statutes, rules, regulations, laws and ordinances. Knowledge of legal and medical terminology. Ability to hook up cables and load real-time software is recommended, but not required. Additionally, the ability to create stenographic brief forms to streamline trial records in real-time is recommended. Qualifications: Graduation from high school or equivalent, and five years of stenographic work in the court system, legal field or criminal justice environment is required. An associate’s degree from an accredited court reporting school may substitute for two years of the required experience. Working knowledge of the court system, courtroom procedures, and legal documents and legal terminology is required. RPR Certification from the National Court Reporter's Association is required. Additionally, Real-time Reporter capability is highly recommended. Salary:$43,193.52.
| Reply by janCA on 5/13/09 3:57pm
Msg #288364
Uh, no, they are not
I've not heard of this before. I have several court reporter friends and none of them are notaries. Not quite sure where you got that information, Marian.
| Reply by Gary_CA on 5/13/09 5:08pm
Msg #288377
I understood Mariam to mean
that Court Reporters are an "officer" authorized to take oaths... now I have no idea if that's true, I'm not familiar with it all but I know that Notaries Public are not the only oath takers... recorders and deputy recorders are, and I believe peace officers as well.
Last time I was in court I watched the court reporter take an oath, i.e. receive an oath from the defendant.
| Reply by Marian_in_CA on 5/13/09 5:44pm
Msg #288394
Re: I understood Mariam to mean
Actually... I kind of corrected myself in my post... I don't think I was clear though. My fault!
Certified (licensed?) court reporters in CA ARE authorized for oaths, depos... but may not necessarily be notaries.
| Reply by Marian_in_CA on 5/13/09 1:50pm
Msg #288319
Depositions vs. Administering Oaths
Taking a deposition and administering an oath are two entirely different things!
If you are there just to administer an oath... that's what you do. But if you are asked to actually take the deposition, you are there to supervise the entire recording of that deposition and you should not leave before it's done. You are essentially the one running the show during a deposition, and responsible for recording it.
Most average notaries are called in only to administer an oath, not take the actual deposition. Others are called in to verify the identity of the person and administer the oath for a deposition that will be given over the phone or by video. Again, though... they're not taking the actual deposition.
A lot of court reporters are also notaries who are able to administer the oath and take the deposition, and they work for specific companies who do this kind of work for law firms.
It's important to find out of you are being asked to only administer an oath or are they expecting you to actually record the deposition. If they are asking you to record it... I'd decline and refer them to a Deposition/Court Reporting Service instead.
| Reply by Stamper_WI on 5/13/09 2:21pm
Msg #288332
Good clarification Marian n/m
| Reply by MW/VA on 5/13/09 5:49pm
Msg #288395
Re: Good clarification Marian
Yes, I like the way Marian writes. It reminds me of Forrest Gump, when he said, "my Mother always had a way of explaining things to me so that I could understand them". Good communication is a highly prized skill.
| Reply by Susan Fischer on 5/13/09 10:38pm
Msg #288441
Mega dittoes. Sure sign of a ~great~ teacher. n/m
| Reply by Tannis Zamora on 5/13/09 3:25pm
Msg #288352
You are to ID the person and give the oath.
A man had to give testimony to a Judge in another state. He was instructed to go to a Notary Public if he didn't have access to an attorney.
He came to me, I properly identified him. Called the Judge on the phone at the appointed time. The Judge identified the people in his office, ex wife and her attorney and him. I identified the people in my office, man and his new wife.
I swore that man in and then they all proceeded to have a conversation over my speaker phone.
I was paid $75.
tannis z TN
| Reply by Gary_CA on 5/13/09 5:12pm
Msg #288381
Say that three times fast
Tannis Z of Tennessee
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