The deposition is proper because any notary may take any deposition.
The deposition is improper because Rule 3113 bars a deposition before an employee of a party's attorney.
The deposition is proper if no fee is charged.
The deposition is improper only if scheduled on Sunday.
Correct Answer
B. The deposition is improper because Rule 3113 bars a deposition before an employee of a party's attorney.
AI Explanation
CPLR deposition disqualification is broader than Sunday rules. Rule 3113 of the Civil Practice Law and Rules permits depositions before an officer authorized to administer oaths, such as a notary, but not before an attorney for a party or an employee of that attorney. Unlike the separate Sunday rule in the booklet’s "Definitions and General Terms," this disqualification applies regardless of the day of the week.
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