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Powers & Duties of Notary

A deposition is scheduled before a paralegal employed by plaintiff's attorney. What is true?

A

The deposition is proper because the paralegal works under attorney supervision.

B

The deposition is improper because an attorney or employee of an attorney for a party may not take it.

C

The deposition is proper if the witness agrees in writing.

D

The deposition is proper only if taken on a Sunday.

Official source: Notary Public License Law (March 2026)

Reference: CPLR 3113

Source checked September 7, 2026

✓

Correct Answer

B. The deposition is improper because an attorney or employee of an attorney for a party may not take it.

Detailed 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.

Powers & Duties of Notary Question #64
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