The deposition may proceed because any commissioned notary is always a proper officer.
The deposition may proceed if all parties waive the issue orally.
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.
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.
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