A deposition is testimony taken outside the courtroom but intended to be used in a later hearing or trial. The New York booklet defines it as testimony taken under oath or affirmation before a notary public or another person authorized by law to take it. In New York civil practice, that authority appears in CPLR Rule 3113.
This term matters because it connects notarial work to litigation practice. A notary taking a deposition is not merely watching a signature; the notary is serving in the role of the officer before whom the testimony is taken. New York also preserves a well-known Sunday limitation: according to the booklet, a notary may take an acknowledgment or affidavit on Sunday, but a deposition in a civil proceeding may not be taken on Sunday.
Practical note: A deposition belongs to evidence and procedure, not just to ordinary document signing.
Free Practice
Master Deposition and 500+ other real exam questions
Knowing the definition is step one. The New York notary exam tests this concept under time pressure — with four realistic answer choices designed to catch you on the exact details that trip candidates up. See how you'd score right now, for free.
Try the Free NY Notary Practice Test