California freelance reporters - Q on Wit R&S, notarizing

[Karen Morris]

I took a dep where the case was filed in California.  Attorney wants witness to read and sign; however, he said the Wit Cert page has to be notarized.  Ours in Michigan do not, so have a couple questions.

1.  Do I, as the reporter who took the dep, have to be the one that notarizes the wit signature on the Wit Cert page?

2.  Do you have a sample wit cert page that California reporters use that has the notary info on it that someone would please share so I have the correct setup?

Thanks much in advance,

Karen

[Rosalie DeLeonardis]

I not 100 percent sure on this (and, yes, I'm in California), but I think what would happen is when the witness goes in front of a notary to sign, the notary would just attach one of their forms to the document.  Hopefully somebody with knowledge will respond soon.

 

 

[Lindsay Pinkham]

Sorry - I thought I replied to this earlier, so apologies if this is a duplicate.  But I was saying back in the old days when everything was stipulated to be signed in front of a notary, we had a notary jurat form (attached) which went between the last page of testimony with the witness signature line, and the reporter's cert.  And the notary doesn't have to be the reporter.  They always used to end depos with the following stip:  "Any notary."  Any other oldtimers out there?

[Mary K. Corcoran]

Karen, I'm in Massachusetts.  Hardly anyone signs in front of a notary, but occasionally an attorney wants the witness to do it that way for one reason or another.  It does not have to be you.  The witness can sign in front of any notary.  At the bottom of the witness certificate under the line where the witness would sign his/her name, I put the following, which is then filled in by the notary the witness goes to:

      IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this _____________________ day of ____________________ 2013.
 
                   _____________________________
                   Notary Public
                   My commission expires __________

[Karen Morris]

Thanks, everyone.   You have been most helpful.   

Karen

[Cynthia Dunbar]

Just to throw something into the mix - they always specifically stipulate for the witness to sign under penalty of perjury.  I wonder if counsel was trying to cover themselves by asking that it be notarized, i.e., signed in front of a notary as opposed to allowing it under penalty of perjury?  Of course, I'm in SoCal where they stipulate themselves out of the Code to begin with...