Posted by JenCA on 3/1/11 1:28pm
Msg #374633

Assistance Please

I just received a phone call to assist a lady in a child support case hearing... the hearing is in the State of Florida and they told her that she needed a Notary present. Has anyone ever been asked to be present for something like this? It is my understanding that nothing needs to be signed it is a telephone conference call, so I guess I am trying to understand at what capacity Ia m useful over the telephone. Again I have done this for a long tiem and never had this situation. Any advice would be appreciated.

Reply by Moneyman/TX on 3/1/11 1:33pm
Msg #374634

Could it be they need a notary to give the oath? If so, I've done that before.

Reply by Jayhawk/KS on 3/1/11 1:34pm
Msg #374635

I got a call to do one of those. It was for a guy in my town that was testifying for a lady that lived in another state. They had a child together. She was in jeopardy of losing a child from another father, who was trying to take it. The man here had been asked by the court to testify via phone, and I had been contacted by the judge to swear him in over the phone and sit there during his testimony. It turned out, after it was all set up, that after we were all there, the judge called and the man at the other end backed out, and ended up giving custody to the lady in the other state, so I didn't have to do anything, but I still got paid.

Hope that helps.

Reply by JenCA on 3/1/11 1:52pm
Msg #374638

Thank you all for your assistance this definitely helps, and is definitely what I was speaking of!!

Reply by CopperheadVA on 3/1/11 1:38pm
Msg #374636

I had a similar one a while back, I think it too involved a Florida court. My role was to identify the person here in VA who was going to give testimony over the phone and I had to administer an oath to her for the testimony that she was about to give. We had to wait for a phone call from the court (or maybe she had to call in) at an appointed time - can't remember which. I spoke briefly to the judge over the phone - he asked for my name, notary commission number, and he asked for a copy of my commission to be faxed to the courthouse for the record. Once my part was over, I was free to leave (but clarify that with the judge before you depart).

I've done a few more after that and they went pretty much the same way, except with one the other party in the case did not show up to court on time and I ended up having to wait almost an hour for them to hear my person's case, so when doing these gigs you must price accordingly for those unanticipated situations.

Reply by FlaNotary2 on 3/1/11 2:54pm
Msg #374643

This is very common in Florida... I assumed it was common in other places as well.

Because a judge can not administer an oath by phone, the person has to be sworn in by a notary in person, so they can give sworn testimony in court. We do similar things with depositions - the notary just swears them in and then leaves.

Reply by Marian_in_CA on 3/1/11 3:04pm
Msg #374645

LIkely just an oath...

One of our duties as a notary is to give oaths...and just oaths. I've done this before, in judges chambers, actually.

You treat it like a usual notarial act in your journal, except that it's an oath. In CA, you can only charge $5.00 for administering the oath.

Reply by Glenn Strickler on 3/1/11 3:06pm
Msg #374647

$5.00 + travel fee..... n/m

Reply by Marian_in_CA on 3/1/11 3:53pm
Msg #374649

Well, yes. LOL! n/m

Reply by Moneyman/TX on 3/1/11 4:13pm
Msg #374652

Like Micky D's - can't forget the add-on sales. :-) n/m

Reply by Stamper_WI on 3/2/11 7:12am
Msg #374698

Works thew same in video affidavits

Swear them in after ID's ing them and leave. They film them taking the oath. Not you giving it

Reply by Mary Ellen Elmore on 3/12/11 8:23pm
Msg #376004

Probably a depo and they need you to sear her in.

My lawyers did this with my best friend. We were in TN and she was in NM w a notary to swear her in.