Depositions and Affidavits

Notaries public may be called upon to participate in depositions (sworn testimony taken outside of court) and to notarize affidavits (written sworn statements). Both involve the administration of oaths or affirmations.

Depositions

A deposition is the process of taking sworn testimony from a witness (called a "deponent") outside of a courtroom, typically as part of the discovery phase of a lawsuit.

The Notary's Role in Depositions

The notary's role is typically limited to:

1. Administering the oath or affirmation — Placing the deponent under oath before testimony begins
2. Certifying the transcript — In some cases, the notary certifies that the testimony was given under oath

Important limitations:

• The notary must NOT ask questions, suggest answers, or coach the witness
• The notary must NOT interpret or summarize testimony
• The notary must remain impartial at all times
• The notary may NOT notarize a deposition in which they are a party to the underlying case

In practice, a court reporter typically handles the actual recording and transcription of depositions. The notary's involvement may be limited to swearing in the deponent.

Affidavits

An affidavit is a written statement of facts made voluntarily and confirmed by the oath or affirmation of the person making it (the "affiant"). The notary's role is to:

1. Identify the affiant — Verify identity through acceptable methods
2. Administer the oath or affirmation — The affiant swears or affirms the statements are true
3. Watch the affiant sign — The affiant must sign in the notary's presence (this is a jurat)
4. Complete the jurat certificate — Certify the oath/affirmation and signing
5. Affix the seal and sign — Complete the notarization

Common Types of Affidavits

Key Principles for Both

• Impartiality — The notary must not take sides or have a personal interest in the matter
• No legal advice — The notary cannot advise the deponent or affiant about legal matters
• Oath is mandatory — Both depositions and affidavits require an oath or affirmation
• Journal entry — Record the act in your journal as with any notarization

On the Exam

Key points about depositions and affidavits:

• Affidavits use jurat notarization — oath + signing in presence
• Notary's role in depositions is limited — oath administration only
• Impartiality is paramount — notary must not coach or advise
• Both require oaths/affirmations — sworn testimony