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Has anyone every put a witness in a foreign country under oath remotely? Is that even allowed? Or can attys stipulate the rptr can do it?
I've done it before. I put a witness under oath that was in Taiwan on teleconference. No problem.
How did that work as CSR code requiring witness and CSR to be physically present
I've done it too. Just have the attys stipulate, on the record, that you are reporting remotely, not with the witness. It's a procedural matter about which only the attys need be concerned. We just take down the proceedings. This is a common procedure for telephonic and video-conferenced depos.
I had a witness in Singapore and the two attorneys were here. I believe the code says you can do it if it's a nonparty witness, but I think - and maybe I'm wrong - that if it's a party they need to be where the reporter is.
The swearing in is governed by the Notice of Deposition. The Complaint governs what state it's filed in and what Codes apply. Swearing in would apply to all US depos no matter where they are taken.
Read the Deposition Notices and it will tell you the governing Codes.
I guess I should be a bit more specific. We want to hire a reporter who resides just over the state line. Her notary would be from anther state, preventing her from administering an oath in our state (unless maybe she can if it's a federal case?). Short from her asking attorneys to stipulate/agree that she can administer the oath on every dep, is there an alternative?
Most notices that we receive say "before a reporter and officer authorized to take said deposition." Is that where the answer lies? I'm only asking because I once (in 36 years) was challenged on this very issue. I know everyone is saying it's ok. I just would like to have something concrete to cite if the issue ever comes up.
Does holding a certificate make you an "officer authorized to take said deposition"? If your state does not have a CSR, does a notary make you an officer? Or since the state doesn't have a CSR, can anyone be an officer since anyone can "technically" take a dep?
My problem with attorneys stipulating is what they are actually stipulating to. I am a notary in my state. My ability to administer an oath is done so based on the notary laws of my state. Just because the attorneys stipulate I can administer an oath doesn't protect me from violating the notary laws of my state which very clearly state that the witness must be present before me. I equate it to the attorneys wanting to move the start time an hour early and they stipulate that it's okay for me to break the speed limit to get there on time. They can stipulate all they want, but if I get caught breaking the law, their stipulation doesn't do squat to protect me from the penalties for violating the law. Same would be true if they stipulate I can violate state notary laws. That may make their transcript usable, but it doesn't protect me from losing my notary license.
Now, if they want to stipulate that a non-notary can administer the oath, then I'll administer an oath and take out all reference to me being a notary. With such a stipulation, even the janitor could administer the oath for them. Whether or not they can make such a stipulation will vary by state.
How an oath is administered and by whom can be very important in situations where a witness perjures themselves or admits to a chargeable offense under oath. Like so many other things in the world or court reporting, so much of this varies by locality it's hard to give one definitive answer.
You are correct, Jules, but I suppose it would depend on what state you are in and the notary laws of that state. In Florida, attorneys CANNOT stipulate to the court reporting breaking notary laws. Believe me, I wish they could. Those of you putting folks under oath that are not present in the room with you may be breaking the notary laws of your state. I like the idea of leaving out references to your notary if the attorneys want to stipulate that a non-notary can put someone under oath. Having said that, I personally know of a reporter who regularly puts folks under oath that are not in her presence. Each to their own.
I just had another one yesterday. Witness was in Taiwan again. Both attorneys agreed could swear in the witness remotely. Worked out fine.