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Powers & Duties of Notary

A deposition is set before a notary who works for plaintiff's lawyer. What is the better exam answer?

A

The deposition is proper because any notary may take any deposition.

B

The deposition is improper because Rule 3113 bars a deposition before an employee of a party's attorney.

C

The deposition is proper if no fee is charged.

D

The deposition is improper only if scheduled on Sunday.

Official source: Notary Public License Law (March 2026)

Reference: CPLR deposition

Source checked September 7, 2026

✓

Correct Answer

B. The deposition is improper because Rule 3113 bars a deposition before an employee of a party's attorney.

Detailed 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.

Powers & Duties of Notary Question #124
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