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Powers & Duties of Notary

In a civil action, a deposition is proposed before a notary who works for the attorney representing one of the parties. Which answer is most accurate?

A

The deposition may proceed because any commissioned notary is always a proper officer.

B

The deposition may proceed if all parties waive the issue orally.

C

The deposition may not be taken before that notary because an employee of a party’s attorney is not a proper officer under CPLR 3113.

D

The deposition may proceed only on Sunday.

Correct Answer

C. The deposition may not be taken before that notary because an employee of a party’s attorney is not a proper officer under CPLR 3113.

AI Explanation

Deposition practice has its own neutrality rule. CPLR 3113 authorizes depositions before a notary public, but not before a person who is a party, attorney, or employee of a party’s attorney in the action. Not to be confused with ordinary acknowledgments, where statewide notarial authority is the main focus.

Powers & Duties of Notary Question #420
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