The deposition is proper because the paralegal works under attorney supervision.
The deposition is improper because an attorney or employee of an attorney for a party may not take it.
The deposition is proper if the witness agrees in writing.
The deposition is proper only if taken on a Sunday.
Correct Answer
B. The deposition is improper because an attorney or employee of an attorney for a party may not take it.
AI Explanation
CPLR 3113 bars party-side attorneys and their employees from serving as the deposition officer. Rule 3113(a) allows depositions before a person authorized to administer oaths, except an attorney, or employee of an attorney, for a party or prospective party. Unlike an ordinary notarization, consent by the witness does not cure that disqualification.
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