Court Reporter Practice Exam

In phone depositions, who is responsible for administering the oath?

1. The court reporter

2. The party with the witness

3. The judge

4. An attorney representing the witness

The correct answer is: The party with the witness

In the context of phone depositions, the responsibility for administering the oath typically falls to the party with the witness. This is because, during a phone deposition, there may not be a court reporter or judge physically present to administer the oath, which is the usual scenario in a courtroom setting. Instead, it is essential for the integrity of the deposition that the witness is sworn in properly, and the party with the witness has the authority to ensure that the oath is administered according to the legal requirements. The other options, while they could perform such a duty under different circumstances, do not align with the usual practice in telephonic depositions. For instance, court reporters are primarily responsible for capturing the verbal record but may not always have the authority to administer oaths in every jurisdiction. Judges, meanwhile, are not present during these remote proceedings, which eliminates their ability to oversee the oath process. Similarly, attorneys representing the witness could administer the oath in a different context but typically do not take on this role when they are not directly part of the deposition party. Thus, the party with the witness is positioned correctly as the responsible entity for the administration of the oath in a phone deposition scenario.