Key Takeaways
- A deposition is sworn testimony taken outside of court
- Notaries may administer the oath for depositions
- The deposition is typically recorded by a court reporter
- New York notaries have authority to take depositions
- Depositions are used for legal proceedings and discovery
Last updated: January 2026
Depositions
A deposition is testimony given under oath outside of a courtroom, typically as part of the discovery process in legal proceedings. New York notaries are authorized to administer oaths for depositions.
What Is a Deposition?
| Aspect | Description |
|---|---|
| Definition | Sworn testimony taken outside of court |
| Purpose | Gather evidence for legal proceedings |
| Who conducts | Attorneys question witnesses |
| Role of notary | Administer oath to witness |
| Recording | Usually by court reporter or video |
Notary's Role in Depositions
When a deposition takes place, the notary typically:
- Administers the oath to the witness (deponent)
- Certifies that the witness was sworn
- May sign the certificate on the deposition transcript
Note: The actual questioning is done by attorneys. The notary's role is limited to administering the oath.
Oath for Deposition
"Do you solemnly swear (or affirm) that the testimony you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God (or under penalty of perjury)?"
Legal Significance
| Point | Importance |
|---|---|
| Same effect as court testimony | Deposition testimony is under oath |
| Perjury applies | False statements are criminal |
| Used at trial | May be read into evidence |
| Permanent record | Transcribed and preserved |
On the Exam
Questions about depositions may ask:
- Authority: NY notaries can administer oaths for depositions
- Purpose: Sworn testimony outside of court
- Effect: Same legal weight as courtroom testimony
Test Your Knowledge
What is the primary role of a notary public in a deposition?
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B
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D