Key Takeaways
- A deposition is sworn testimony taken outside of court
- Notaries may administer the oath to deponents
- Notaries typically do not transcribe depositions (court reporters do)
- Fee for deposition is $30 plus $7 for each certificate
- The notary certifies that the oath was properly administered
Deposition Procedures
An attorney calls you: "I need a notary for a deposition tomorrow. The court reporter can't notarize, so you'll administer the oath." You agree—but what exactly is your role? You won't be transcribing testimony or asking questions. Your job is simple but critical: administer the oath that makes the testimony legally binding.
Depositions are a specialized area of notary practice. While not every notary performs deposition work, understanding the procedure is important for the exam and for those who do this work.
What Is a Deposition?
A deposition is a pretrial legal procedure where:
| Element | Description |
|---|---|
| Witness testimony | A person (the "deponent") answers questions under oath |
| Outside of court | Takes place in an office, not a courtroom |
| Legal proceeding | Part of the "discovery" phase of litigation |
| Recorded | Usually transcribed by a certified court reporter |
| Under oath | Testimony is legally binding, like courtroom testimony |
Who Is Present at a Deposition?
| Person | Role |
|---|---|
| Deponent | The person giving testimony |
| Attorneys | Ask questions and make objections |
| Court reporter | Transcribes everything said |
| Notary | Administers the oath (if court reporter can't) |
The Notary's Role in Depositions
The notary's role is limited but essential:
| Notary DOES | Notary Does NOT |
|---|---|
| Administer the oath or affirmation | Transcribe testimony |
| Certify that the oath was given | Ask questions |
| Provide a certificate | Interpret testimony |
| Charge authorized fees | Give legal advice |
Why Would a Notary Be Needed?
Most court reporters are also notaries and can administer the oath themselves. However, a separate notary may be needed when:
| Situation | Why Notary Needed |
|---|---|
| Court reporter is not a notary | Some states don't require it |
| Remote deposition | May need local notary to administer oath |
| Recording-only deposition | Video without court reporter |
The Deposition Oath
The notary administers an oath or affirmation before testimony begins:
Standard Deposition Oath
"Do you solemnly swear (or affirm) that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, [so help you God]?"
Deponent responds: "I do."
| Element | Meaning |
|---|---|
| "the truth" | Will not lie |
| "the whole truth" | Will not omit relevant information |
| "nothing but the truth" | Will not add false information |
For Affirmation (No Religious Reference)
"Do you solemnly affirm, under penalty of perjury, that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth?"
Deposition Fees
California law sets maximum fees for deposition services:
| Service | Maximum Fee |
|---|---|
| Administering the oath | $30 |
| Each certificate or copy | $7 |
Key Points:
- These are maximum fees—you may charge less
- You may NOT charge more than the statutory maximum
- Travel fees may be negotiated separately (not regulated)
Example Fee Calculation:
- Administer oath: $30
- Provide 3 certificates: $21 (3 × $7)
- Total: $51
Deposition Certificate
After administering the oath, you may provide a certificate stating:
| Element | What to Include |
|---|---|
| Date and location | Where and when the oath was given |
| Deponent's name | Who took the oath |
| Oath administered | Statement that oath/affirmation was given |
| Your credentials | Signature, seal, commission info |
Sample Deposition Certificate Language
"State of California, County of [County]
I, [Notary Name], a Notary Public in and for said State, do hereby certify that on [Date], [Deponent Name] personally appeared before me and was duly sworn (or affirmed) by me prior to giving testimony in the matter of [Case Name].
Witness my hand and official seal.
[Signature] [Seal]"
Court Reporter vs. Notary
| Court Reporter | Notary |
|---|---|
| Transcribes testimony verbatim | Does NOT transcribe |
| Uses stenography machine | No equipment needed |
| Produces transcript | Produces oath certificate only |
| Often also a notary | May administer oath separately |
| Charges transcription fees | Charges oath/certificate fees |
On the Exam
Expect 1-2 questions on depositions. Key points tested:
- Notary's role: Administer the oath, NOT transcribe
- Fees: $30 for oath, $7 per certificate
- Oath wording: Truth, whole truth, nothing but the truth
- Court reporter: Usually handles this, notary is backup
What is the notary's primary role in a deposition?
What is the maximum fee a notary may charge for administering an oath at a deposition?