Tag Archives: swearing in witness

March 13, 2013

RULES FOR TELEPHONE DEPOSITIONS

RULES FOR TELEPHONE DEPOSITIONS

Useful Insight for Attorneys and Court Reporters

In this new world of technology and inflated travel costs, why not do telephone or videoconference deps?  In fact, when timing or location are an issue for counsel or even the witness, this is the answer to endless cancellations and passing deadlines.

Since phone deps have become more popular, the question amongst reporters and attorneys has been, is it okay for me to swear in the witness over the phone?  The answer is two-fold; in other words, yes and no, depending on your state. 

There are states listed below that do have rules on phone deps that each notary/reporter should look into.  However, according to the NCRA, the states listed on the right of the below chart have no guidelines regarding phone depositions… For my local friends, Pennsylvania and New Jersey have NO RULES.

For those states on the left, the Director of the NCRA offers these three suggestions if you find yourself in a predicament that would violate your Notary oath:

1. Get a reporter to take the deposition with the witness.

2. Get an authorized oathgiver to swear in the witness.

3. When the witness is not in the reporter’s presence and there is no notary in the witness’s presence, if local rules allow, suggest that all parties, including the witness, stipulate on the record that the testimony is being given as if under oath.

Does your state have any laws, court rules or guidelines regarding telephone depositions?

Yes

Alaska
Colorado
Florida
Idaho
Indiana
Illinois
Maryland
Minnesota
Mississippi
Nebraska
New Mexico
New York
South Carolina
Tennessee
Texas
Utah
Washington
Wisconsin
Wyoming

No

 Alabama
Arkansas
Arizona
California
Connecticut
District of Columbia
Delaware
Georgia
Hawaii
Iowa
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Michigan
Missouri
Montana
Nevada
New Hampshire
New Jersey
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Dakota
Vermont
Virginia
West Virginia