Monday, January 18, 2010

Can you conduct a deposition in a federal case without the presence of a notary?

Is it enough for a witness to say that they are under oath?Can you conduct a deposition in a federal case without the presence of a notary?
The deponent is sworn in by the court reporter, not a notary. And if you don't have a court reporter, its not a deposition - its just a meeting.Can you conduct a deposition in a federal case without the presence of a notary?
most, if not all, court reporters are required to be notary publics as well. they do the swearing in during a deposition. it is not a true deposition if the deponent is not under oath, it is just a question and answer session.
Fed Rule Civil Procedure 28(a) provides that within the United States or US Territory ';a deposition must be taken before (A) an officer authorized to administer oaths either by federal law or the law in the place of examination; or (B) an officer appointed by the court . . . to administer oaths and take testimony.';


28(b) provides generally that outside the US or its territories as provided by any treaty or convention; or pursuant to a ';letter rogatory'; requesting a foreign court appoint an official or an order of the US court appointing an official; or an officer authorized to administer oaths either by U.S. law or the law of the place of examination.





So the answer is, ';no,'; so long as there is some other legally authorized or court appointed official to administer an oath.

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