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Powers & Duties of Notary

A notary employed by defense counsel is asked to take a deposition in that action. May the notary act?

A

Yes, because every notary has statewide power to take depositions.

B

No, because a deposition may not be taken before an employee of an attorney for a party.

C

Yes, if the witness agrees in writing.

D

No, but only if the deposition is scheduled on Sunday.

Correct Answer

B. No, because a deposition may not be taken before an employee of an attorney for a party.

AI Explanation

Deposition authority is limited by the CPLR. Executive Law §135 generally authorizes notaries to take depositions, but CPLR Rule 3113 bars a deposition from being taken before an employee of an attorney for a party to the action. Unlike Sunday questions, this restriction applies because of the officer's relationship to the case, not the day of the week.

Powers & Duties of Notary Question #158
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