Yes, because every notary has statewide power to take depositions.
No, because a deposition may not be taken before an employee of an attorney for a party.
Yes, if the witness agrees in writing.
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.
Detailed 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.
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