A notary takes a deposition by administering an oath to the deponent (witness), then recording their answers to questions asked by attorneys during a deposition session, ensuring the testimony is truthful and properly documented, usually by signing and certifying the deposition transcript; the specific process can vary depending on state laws, but generally involves verifying the deponent’s identity and overseeing the question-and-answer exchange throughout the deposition.
Key points about notaries taking depositions:
- Swearing in the deponent:The primary role of a notary in a deposition is to administer an oath to the witness, ensuring they are legally bound to tell the truth.
- Recording testimony:The notary will typically record the witness’s answers to questions asked by attorneys, either by writing them down manually or using recording technology.
- Identity verification:Before administering the oath, the notary must verify the deponent’s identity using proper documentation.
- Notarial certificate:Once the deposition is completed, the notary will sign and certify the transcript, documenting their role in the process.
- Remote depositions:In many jurisdictions, notaries can conduct depositions remotely via video conferencing, provided they can properly verify the deponent’s identit
