Posted by Sandra K Shirah on 1/18/13 5:19pm
Msg #451085

Louisiana - Swearing In?

I've been asked to "swear in" a person who is being allowed to participate in a custody hearing by phone. I'm in Louisiana and the judge is in Colorado. I checked the statutes and have the authority to do this - but never have. I explained to client that I've never done this...

Can someone provide guidance? Specific verbage to use and sample forms that I may need to complete for client?

Thank you!

Reply by ikando on 1/18/13 6:39pm
Msg #451094

Sandra, it's not complicated. I do these regularly.

Your job is to identify the person just as you normally do before signing documents. The person calls into the court or wherever to give their testimony. The attorney will ask you to give your name & commission info. The judge will ask if you've identified the person, tell the person to raise his hand and then give the verbiage, which the person repeats.

I try to get there at least 15 minutes before the proceeding so I can fill out my book, get it signed & get paid because as soon as the person is sworn in, I can leave. Usually less than 1/2 hour overall. I charge my hourly rate unless it's a distance to drive, then I add travel fee.

Good luck.

Reply by ikando on 1/18/13 6:42pm
Msg #451096

As far as forms, there may be an affidavit to be signed & notarized, but the person should have that already, and you don't need to provide it.

Reply by CopperheadVA on 1/18/13 6:52pm
Msg #451098

You may have to fax a copy of your notary commission to the court. Otherwise, I agree with the others - especially the get paid prior to the beginning of the court proceeding part, so you can do your thing and leave.

Reply by Malbrough_LA on 1/18/13 7:49pm
Msg #451106

I agree about getting there early. Your job is to swear in a constituent - nothing more. The client may have an affidavit preprinted...then again they may not. Keep blank affidavits in your briefcase for such occasions. These are the kinds of things I prepare in duplicate: one copy for them, one copy for my archives. This is after all going before a court of law, even if outside your jurisdiction. Later on, if I am ever called upon regarding the case, I have a copy of the client's affidavit filled out in their handwriting that said oath was performed before me and given by me.

As far as the journal entry is concerned, Louisiana does not require us to use one. I have one. I use one. ("Not required" does not mean "not a good idea."