Posted by Heather/NH on 11/2/10 8:00pm
Msg #359420

Forward Date?

I went to a Deposition last week. I had to swear in two witnesses.
Got and email today from the court reporter (who was an out of state reporter) and she sent me a Notary Cert to verify that I did in fact put the witnesses under oath. However, in the email she sent she asked me to forward date the docs to Nov. 4th.
I have heard of back dating but nobody has ever asked me to forward date. She is also a Notary in her state.

Reply by Susan Fischer on 11/2/10 8:21pm
Msg #359424

Is this a notarial cert that you need to have notarized? If

so, I would wait until the 4th. I would never ask another notary to mis-date her cert.

If she is asking you to notarize your own oath? That's impossible.

Maybe I mis-read your question.

Reply by Ernest__CT on 11/2/10 8:24pm
Msg #359426

That sounds about right.

Just like any notarial act, you cannot pre- OR post-date. Period.

Just because someone's a "notary" that doesn't mean they won't ask you to break the law.

Just don't do it!

Reply by Heather/NH on 11/2/10 8:30pm
Msg #359428

Re: That sounds about right.

I would never do that, I think that I am just shocked that she would even ask that.

Reply by Scott/NJ on 11/3/10 4:14pm
Msg #359522

Re: That sounds about right.

In light of the recent issues regarding notarizations of real estate foreclosures, I wouldn't put it past an unscrupulous attorney to "ask" for an inappropriate notarization on a pertinent document so that it will later be thrown out of court. A little legal manuevering, as it were.

However, it sounds like you nipped the bud in time and have chosen an appropriate (and legal) notarial path to take. Kudos to you.

Reply by Heather/NH on 11/2/10 8:30pm
Msg #359427

Re: Is this a notarial cert that you need to have notarized? If

I think that I am also confused :o) I have never done a depo before and this seems odd to me.

The doc she sent me states that she was the court reporter on x day, that the witnesses were put under oath, also stating that she is not related to any of the parties involved, that said deposition is a true record of testimony given by the witness.
At the bottom is has the...

"In witness thereof, I have subscribed my name this day of November 2010.

which is what she asked me to date the 4th and stamp, but make sure that it is send to her tomorrow so she will receive it on the 4th. I will not do that for any reason.

Reply by MW/VA on 11/2/10 9:24pm
Msg #359436

I've never heard of this one. It sounds like she is asking

you to notarize her written record of the events, which I wouldn't do. IMO if she needs
that notarized, it would be for a notary in her location. Also, I've never seen a certificate like the one posted in this thread.
I hope some of the "experts" reply to this one, like PAW, Renee, etc.

Reply by Stamper_WI on 11/3/10 6:30am
Msg #359452

Re: I've never heard of this one. It sounds like she is asking

I have done depositions on tape. Although I wasn't filmed, my voice is heard performing the oath. Plus there was a court reporter there. No documents for me to sign. The same for swearing in a witness testifying in court over the phone.
I have the oath taker sign my journal however.

Reply by C. Rivera Chicago Notary Services on 11/3/10 7:08am
Msg #359454

same here...only my journal is signed by the deponets... n/m

Reply by C. Rivera Chicago Notary Services on 11/3/10 7:08am
Msg #359453

MW, that's what i was thinking...why else would she send

the notary that type of certificate if it were not but to have the notary certify her own records?

Which if was necessary could've and should've been made available to the notary at the time the deponets were swore in ??

And why forward date, that's a new one for me too? Hmm.

Reply by FlaNotary2 on 11/2/10 8:43pm
Msg #359433

The cert. should have TWO dates

Your oath certificate will certify that you placed the witness under oath on a certain date. That date will be listed in the certificate, along with the date you sign the certificate. Example:

State of _____
County of _____

I, the undersigned Notary Public, hereby certify that (name of deponent) personally appeared before me on (date of deposition) and was duly sworn for the purpose of giving testimony in the matter of (case description).

Given under my hand and seal, this _____ day of __________, 2010.


You are not notarizing your own signature. You are certifying that you administered the oath. You should date the certificate on the day you sign and seal it. If she wants the date to be November 4, then wait until November 4 to sign and seal it.

Reply by PAW on 11/3/10 7:59am
Msg #359458

Re: The cert. should have TWO dates

Agree with Robert. The following certificate is what I typically use. (Since I live in the "court" district of the county seat where many attorney offices are located, I am often asked to provide oaths for depositions. After the deposition is transcribed, the certificate is attached to the transcription.) Please review page 27 of the New Hampshire Notary and Justice of the Peace manual for elements that MUST be included in the notary certificate. The following excerpt from the NH manual is provided:

A Justice of the Peace or other authorized notarial officer must take the written oath for the transcript of the deposition. Members of the bar who are not also notarial officers are not permitted to take this oath because their authority to take oaths is limited to oaths for oral testimony only. (RSA 456-B:3, IV, 517:7)

Certification of a Deposition
The certification of a deposition must include the following:
(a) The time and place of taking the deposition;
(b) The case and court in which the deposition is to be used;
(f) Whether the adverse party was present or not;
(g) Whether the adverse party was notified or not; and,
(h) Whether the adverse party objected or not.
(RSA 517:8)

Hope that helps.

Reply by Heather/NH on 11/3/10 10:40am
Msg #359480

this is what I did...

Thanks everyone.
I had read my handbook and saw what it said regarding this.

I emailed her and told her that I would never post-date anything because it is illegal. I then typed up my own cert. with all the proper information and told her that I would get that out to her.

The Legal Agency that hired us both has been copied in all of the emails.

Thanks!

Reply by C. Rivera Chicago Notary Services on 11/3/10 1:48pm
Msg #359499

Re: The cert. should have TWO dates

IL jurats are very simple (or lax) certificates, and I would only provide it at the actual time of the deposition, and certainly not forward date it.

I think the OP is better off using their own states notarial forms regarding jurats.

Reply by PAW on 11/3/10 2:17pm
Msg #359509

Re: The cert. should have TWO dates

The question has nothing to do with a jurat. It has everything to do with the notary's certification that an oath was administered to the deponent and certain conditions of the deposition were met.

Reply by C. Rivera Chicago Notary Services on 11/3/10 2:29pm
Msg #359510

Re: The cert. should have TWO dates

yes i know. but in Il, jurats are also called "a verification of oath or affirmation". i did say our forms were lax. totally different from above. in fact, above is sort what is used for acks signing in a rep or capacity form.

Reply by LynnNC on 11/4/10 11:31am
Msg #359632

You cannot notarize your own certification of a fact

The notary certificate should be notarized by another notary.

Reply by PAW on 11/4/10 1:13pm
Msg #359654

Re: You cannot notarize your own certification of a fact

No, the notary that swore in the deponent needs to complete the certificate and sign it. It is not notarizing someone's signature (like for an acknowledgment or jurat), but certifying that the deponent was placed under oath.

There are many things notaries can do that do not require a "signature" to be notarized. Of course, every state is different, but in this respect New Hampshire and Florida are very similar in the duties of a notary public in a deposition and what documentation the notary must furnish in conjunction with the transcript of a deposition.

Reply by Linda_H/FL on 11/4/10 3:34pm
Msg #359698

Lynn, we can do this in FL...here's a sample of

the cert we'd complete after swearing in the deponent..

"STATE OF FLORIDA
COUNTY OF ____________
In my capacity as a Notary Public of the Stateof 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)"