Notary Public and Depositions

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Questions and Answers

Under what specific condition is a California notary public permitted to record an oral deposition in shorthand?

If they have completed a specific training course on deposition transcription.
If they use specialized equipment approved by the California Secretary of State.
If they are also a certified shorthand reporter licensed by the Court Reporters Board of California. (correct)
If they obtain permission from all parties involved in the deposition.

What alternative methods can a notary public use to record a deposition if they are not a certified shorthand reporter?

Hiring a freelance transcriptionist to create a verbatim transcript.
Using a standard audio recording device approved by the state.
Writing it out in longhand or typing it out longhand on an electronic device. (correct)
Summarizing the key points of the testimony in written form.

What should a notary public do if asked to take a deposition but is not a certified shorthand reporter?

Proceed with the deposition using any available recording method.
Decline the request to avoid potential legal issues.
Inform the requesting party of their limitations and alternative options. (correct)
Immediately contact the Court Reporters Board for temporary certification.

Why might recording a deposition in longhand be problematic?

It can often cause confusion or misunderstanding due to its cumbersome nature. (B) Signup and view all the answers

In the context of depositions, what is the role of a deposition officer in a civil proceeding?

To put a witness under oath and record the oral deposition in shorthand. (D) Signup and view all the answers

Under what circumstances is a notary public's presence not required during the conduction of a deposition?

When a deposition officer is present and able to administer oaths and record testimony. (D) Signup and view all the answers

What is the primary purpose of a deposition?

To provide oral or written testimony under oath outside of a court proceeding. (D) Signup and view all the answers

What is a key feature of a deposition conducted by a deposition officer?

It results in a verbatim written transcript of the questions, answers, and statements. (C) Signup and view all the answers

Who typically asks questions to a witness during an oral deposition?

A judge, an attorney, or other officer of a court (C) Signup and view all the answers

What is the role of the Court Reporters Board of California, as it relates to depositions?

To license certified shorthand reporters, who are qualified to record depositions. (B) Signup and view all the answers

Flashcards

What is a deposition?

A method of providing oral or written testimony under oath outside of a court proceeding.

Notary role in depositions

A notary can take depositions by hand, but cannot record in shorthand unless they are a certified shorthand reporter.

Oral deposition process

During an oral deposition, a witness answers questions under oath from a judge, attorney, or other court officer.

Role of a deposition officer

A certified shorthand reporter can administer oaths and record depositions in shorthand, later transcribing them.

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Study Notes

Notaries public have a duty to take depositions when requested.
A notary public cannot record and transcribe an oral deposition in shorthand unless they are a certified shorthand reporter licensed by the Court Reporters Board of California.
A notary public may take an oral deposition by:
- Writing it out in longhand
- Typing it out longhand on an electronic device
If a notary public is not a certified shorthand reporter, they should inform the requesting party that they can take the deposition by hand in longhand or by typing it in longhand, or the person may wish to contact a certified shorthand reporter.
A deposition is a method of providing oral or written testimony under oath outside of a court proceeding.
During an oral deposition, a witness answers questions from a judge, attorney, or other officer of a court after being put under oath.
In a civil proceeding, a deposition officer, who is also a certified shorthand reporter, can put a witness under oath.
The deposition officer can record the oral deposition in shorthand for transcribing into a verbatim written transcript.
A notary public is not always necessary when a deposition is conducted, even though it is their duty to take depositions.

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