Posted by Shoshana/AZ on 8/6/13 6:03pm Msg #479429
Telephonic Court Appearance
I have been asked to administer an oath to a man in AZ who is testifying in a court case in FL. Before when I have done this, I was called by an atty. Today's call was from the mother of the man. The plaintiff is his soon-to-be ex-wife. Normally, I get some papers from the atty that have to be completed and notarized. So, is it unusual to not get any paperwork for this?
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Reply by ikando on 8/6/13 6:11pm Msg #479431
I have done several of these (and mostly for Florida courts). There is no usual, except I rarely have to notarize anything. Sometimes, depending on the type of case, I will get a document to be completed with my notary information that I return to an attorney. Most often though, the person giving the testimony has contacted me, and paid me.
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Reply by CinOH on 8/6/13 6:12pm Msg #479432
I've done several of these and I've never been asked to fill in any paperwork or notarize anything.
They've always just asked me to swear the party in, verbally give my information on record, and leave.
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Reply by MW/VA on 8/6/13 7:10pm Msg #479452
Ditto. It seems FL does a lot of these phone hearings,
and I've done quite a few. My only job is to swear them in. The judge usually asks for my name, commission no., etc. He dismisses me after the swearing in, and I leave. Nothing to notarize.
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Reply by Shoshana/AZ on 8/6/13 6:22pm Msg #479436
What verbiage do you use for your oath? n/m
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Reply by CinOH on 8/6/13 6:55pm Msg #479444
Re: What verbiage do you use for your oath?
Some tell you the oath they'd like you to give. Others leave it up to you.
I personally will not swear an oath and I don't ask others to. I give affirmations.
The one I personally give is:
"Do you solemnly affirm that the testimony you're about give will be the truth, the whole truth and nothing but the truth?"
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Reply by CinOH on 8/6/13 6:57pm Msg #479445
Re: What verbiage do you use for your oath?
Typo: meant to say about to give.
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Reply by MistarellaFL on 8/6/13 6:30pm Msg #479438
You're good to go
An attorney contact is not necessary. In this case you identify and when it's time, you give the oath to the witness. You may be asked for your commission information and MIGHT have to fax proof (but again, might not). I always ask the judge before giving the oath if I may depart after the oath is administered (never heard no), so that they will know I am no longer available after the oath and get everything they need from me before testimony begins. I charge the state mandated fee for administration of the oath, a generous travel fee (which includes 15 minutes before and 30 minutes after the appt. time). Any time I spend after that is at $40/hr, just to give you an idea of how I charge for this. Most times I am out of there by 10-15 minutes after appt time, but there have been some that I've had to sit for 2 hours (due to the court).
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