Key Takeaways

  • A deposition is sworn testimony taken outside of court
  • Notaries may administer the oath to deponents
  • Notaries typically do not transcribe depositions (court reporters do)
  • Fee for deposition is $30 plus $7 for each certificate
  • The notary certifies that the oath was properly administered
Last updated: January 2026

Deposition Procedures

An attorney calls you: "I need a notary for a deposition tomorrow. The court reporter can't notarize, so you'll administer the oath." You agree—but what exactly is your role? You won't be transcribing testimony or asking questions. Your job is simple but critical: administer the oath that makes the testimony legally binding.

Depositions are a specialized area of notary practice. While not every notary performs deposition work, understanding the procedure is important for the exam and for those who do this work.

What Is a Deposition?

A deposition is a pretrial legal procedure where:

ElementDescription
Witness testimonyA person (the "deponent") answers questions under oath
Outside of courtTakes place in an office, not a courtroom
Legal proceedingPart of the "discovery" phase of litigation
RecordedUsually transcribed by a certified court reporter
Under oathTestimony is legally binding, like courtroom testimony

Who Is Present at a Deposition?

PersonRole
DeponentThe person giving testimony
AttorneysAsk questions and make objections
Court reporterTranscribes everything said
NotaryAdministers the oath (if court reporter can't)

The Notary's Role in Depositions

The notary's role is limited but essential:

Notary DOESNotary Does NOT
Administer the oath or affirmationTranscribe testimony
Certify that the oath was givenAsk questions
Provide a certificateInterpret testimony
Charge authorized feesGive legal advice

Why Would a Notary Be Needed?

Most court reporters are also notaries and can administer the oath themselves. However, a separate notary may be needed when:

SituationWhy Notary Needed
Court reporter is not a notarySome states don't require it
Remote depositionMay need local notary to administer oath
Recording-only depositionVideo without court reporter

The Deposition Oath

The notary administers an oath or affirmation before testimony begins:

Standard Deposition Oath

"Do you solemnly swear (or affirm) that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, [so help you God]?"

Deponent responds: "I do."

ElementMeaning
"the truth"Will not lie
"the whole truth"Will not omit relevant information
"nothing but the truth"Will not add false information

For Affirmation (No Religious Reference)

"Do you solemnly affirm, under penalty of perjury, that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth?"

Deposition Fees

California law sets maximum fees for deposition services:

ServiceMaximum Fee
Administering the oath$30
Each certificate or copy$7

Key Points:

  • These are maximum fees—you may charge less
  • You may NOT charge more than the statutory maximum
  • Travel fees may be negotiated separately (not regulated)

Example Fee Calculation:

  • Administer oath: $30
  • Provide 3 certificates: $21 (3 × $7)
  • Total: $51

Deposition Certificate

After administering the oath, you may provide a certificate stating:

ElementWhat to Include
Date and locationWhere and when the oath was given
Deponent's nameWho took the oath
Oath administeredStatement that oath/affirmation was given
Your credentialsSignature, seal, commission info

Sample Deposition Certificate Language

"State of California, County of [County]

I, [Notary Name], a Notary Public in and for said State, do hereby certify that on [Date], [Deponent Name] personally appeared before me and was duly sworn (or affirmed) by me prior to giving testimony in the matter of [Case Name].

Witness my hand and official seal.

[Signature] [Seal]"

Court Reporter vs. Notary

Court ReporterNotary
Transcribes testimony verbatimDoes NOT transcribe
Uses stenography machineNo equipment needed
Produces transcriptProduces oath certificate only
Often also a notaryMay administer oath separately
Charges transcription feesCharges oath/certificate fees

On the Exam

Expect 1-2 questions on depositions. Key points tested:

  • Notary's role: Administer the oath, NOT transcribe
  • Fees: $30 for oath, $7 per certificate
  • Oath wording: Truth, whole truth, nothing but the truth
  • Court reporter: Usually handles this, notary is backup
Loading diagram...
Deposition Process Flowchart
Test Your Knowledge

What is the notary's primary role in a deposition?

A
B
C
D
Test Your Knowledge

What is the maximum fee a notary may charge for administering an oath at a deposition?

A
B
C
D