Dial D for Depo

The National Court Reporters Association (NCRA) has put together a video game entitled, “Courting Disaster,” and it has done so because it teaches some very important lessons, beginning with “Dial D for Depo.”

This chapter of the game begins with the witness missing her flight to attend the deposition in an entirely different state, and she finds herself stuck in her originating town. Fortunately, she is able to make herself available remotely via videoconference, and the deposition proceeds after both counsel stipulate to the reporter’s authority to administer the oath. After the witness has completed her testimony, you receive a “WARNING” associated with your having placed that witness under oath, because counsel’s stipulation did not override that state’s laws governing oaths and affirmations. In plain English, what this means is that you may have broken the law, and that your license may be suspended or revoked. In South Dakota, you may be found guilty of having committed a misdemeanor, and fined up to $1,000.

The reason you may have broken the law is that in 18 states, there are clear and concise laws governing the need to have either the reporter or the notary administering the oath present with the witness.  In the 32 remaining states where there are no specific laws governing CSRs, the national notary laws are the guidance and dictate that the notary must be present with the witness in order to swear him/her in.

If you’re shocked – “Dial D for Depo” served its purpose. According to this NCRA article, in Texas, Wyoming, and Florida, the person administering the oath must be present with the witness, with one exception, and that relates to Florida police officers. Washington and Illinois require both the person administering the oath and reporting the testimony to be present with the witness. South Carolina and Missouri do offer counsel the opportunity to stipulate to remote oath administration, while Alaska allows for remote oath administration without stipulation.

The moral here is do your homework when it comes to administering oaths. This NCRA game is titled “Courting Disaster” for a reason. Play it. Learn from it, and don’t presume that because counsel stipulated to your authority that you necessarily have it.