Court Reporter Practice Exam

Who is responsible for administering oaths when a deposition is recorded non-stenographically?

1. Lawyers

2. Court clerks

3. A notary public

4. Witnesses

The correct answer is: A notary public

The responsibility for administering oaths during non-stenographic depositions typically falls to a notary public. A notary public is authorized by state law to administer oaths and affirmations, making them well-suited for this role in the deposition process. Their function is crucial because the credibility of the testimony given during a deposition hinges on the fact that the witness has sworn to tell the truth. By administering the oath, the notary ensures that the proceedings maintain legal validity and integrity. In contexts where depositions are recorded non-stenographically, such as through audio or video recording, the presence of a notary public reinforces the formal legal environment and assures that the recorded testimony is treated with the same seriousness as traditional deposition methods. This is particularly important in legal proceedings where the deposition may be used as evidence. While lawyers, court clerks, and witnesses play important roles in the deposition process, they do not hold the formal authority to administer oaths unless they also have notary public status. Lawyers are often involved in questioning and representation, court clerks manage records and documents, and witnesses provide the testimony, but they do not carry the responsibility of placing witnesses under oath in the same legal capacity as a notary public.