Key Takeaways
- Depositions are sworn testimony taken outside of court
- The notary administers the oath and certifies the deposition
- Notarial protests declare dishonored negotiable instruments
- Both powers are rarely used by general notaries today
- Court reporters typically handle depositions
Depositions and Notarial Protests
While administering oaths and taking acknowledgments are the most common notary functions, Ohio law also grants notaries two additional powers: taking depositions and making notarial protests. Although rarely used by general notaries today, you must understand these powers for the exam.
Taking and Certifying Depositions
What Is a Deposition?
A deposition is sworn testimony given outside of court, typically used in:
- Civil lawsuits
- Criminal proceedings
- Discovery process
- Preserving testimony
The Notary's Role in Depositions
When a notary takes a deposition, they:
| Function | Description |
|---|---|
| Administer oath | Swear in the deponent (person being questioned) |
| Certify the record | Confirm the testimony was given under oath |
| Authenticate transcription | Verify the written record matches what was said |
Deposition Process
- Administer the oath to the deponent
- Attorneys ask questions and deponent answers
- Testimony is recorded (usually by a stenographer)
- Notary certifies that the oath was administered and testimony given
Who Actually Takes Depositions?
In practice, depositions are almost always handled by:
| Professional | Role |
|---|---|
| Court reporters | Record and transcribe testimony |
| Stenographers | Create written record |
| Notary-court reporters | Have both certifications |
Most court reporters are also commissioned as notaries specifically so they can administer the oath and certify the deposition.
General notaries rarely take depositions because:
- Specialized training is required
- Stenography equipment is needed
- Court reporters dominate this field
Notarial Protests
What Is a Notarial Protest?
A notarial protest is a formal declaration by a notary that a negotiable instrument (such as a check, draft, or promissory note) was:
- Presented for payment
- Payment was refused (dishonored)
Historical Context
Notarial protests were important in commercial banking before electronic systems:
- Provided formal evidence of dishonor
- Triggered legal notice requirements
- Protected holder's rights against endorsers
Modern Relevance
Today, notarial protests are rarely used because:
- Electronic banking has replaced paper instruments
- Banks have internal processes for dishonored checks
- UCC (Uniform Commercial Code) has simplified procedures
When Protests Might Still Be Used
| Situation | Why Protest Used |
|---|---|
| Large commercial drafts | Formal proof of dishonor |
| International transactions | May be legally required in some countries |
| Disputes over payment | Creates official record |
Exam Focus
While depositions and protests are rarely performed by general notaries, you should know:
For Depositions:
- Power: Notary can administer oath and certify deposition
- Practice: Usually handled by court reporters
- Purpose: Sworn testimony outside court
For Notarial Protests:
- Power: Declare dishonored negotiable instruments
- Practice: Rarely used today
- Purpose: Formal proof that payment was refused
On the Exam
Key points about depositions and protests:
- Know the four powers: Depositions and protests are two of them
- Rarely used: But you still need to know what they are
- Deposition: Sworn testimony, notary administers oath
- Protest: Dishonored instrument declaration
- Don't confuse: These are separate from acknowledgments and jurats
What is the primary function of a notary when taking a deposition?
What does a notarial protest formally declare?