Depositions by a Notary Public

Court of Record

Settlement

Notary Public depositions, long hand

Section 9. Depositions

When requested, it is a duty of a notary public to take depositions. However, a notary public cannot record and transcribe an oral deposition in shorthand unless the notary public is also a certified shorthand reporter and licensed by the Court Reporters Board of California. A notary public may take an oral deposition by writing it out in longhand or typing it out longhand on an electronic device. This may be awkward and cause confusion or misunderstanding. If a notary public is asked to take a deposition and the notary public is not a certified shorthand reporter, the notary public should inform the person asking the notary public to take the deposition that the notary public can take the deposition by hand in longhand or by typing the deposition in longhand, or the person may wish to contact a certified shorthand reporter to take the deposition.

Generally, a deposition is a method of providing oral or written testimony under oath outside of a court proceeding. (California Civil Code section 14; California Code of Civil Procedure sections 17, 2025.010 et seq., and 2028.010 et seq.)  

During an oral deposition, a witness, who has been put under oath, answers questions from a judge, attorney, or other officer of a court. In a civil proceeding, a deposition officer, who also is a certified shorthand reporter,can put a witness under oath, and record the oral deposition in shorthand for transcribing the shorthand record into a standard English language verbatim written transcript of the questions,answers and other statements made during the deposition. (California Code of Civil Procedure section 2025.330.) Consequently, although it is a duty of a notary public to take depositions, a notary public is not necessary when a  deposition is conducted.

You will need a Notary who is also a certified shorthand reporter in the State of California.


ALL states allow their notaries to perform oaths/affirmations and acknowledgments, whether or not a notary may perform any other duties varies by state, depending on each State’s unique notary laws.  

Depositions by a Notary Public 2012-06-30T18:16:00-07:00 Rating: 4.5 Diposkan Oleh: Unknown