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Recently, I was asked to swear in a witness from a remote location, the witness was not in the room with me. I was told that the attorneys agreed to the remote swearing in. It is very important for a reporter to know what their state rules are regarding our authority to do this. In my state, it is not permitted and because the attorneys agree to it, it does not make it legal. All it would take is for one attorney to question the legality of that procedure and your license would be on the line. There are ways to deal with this issue as more and more depos are taking place telephonically, but there should be a plan in place before the proceeding to protect the reporter. By the way, a deposition is a proceeding under oath and without a legal swearing in, it is simply unsworn testimony. In short, no one will protect your ability to practice unless you do and risking your license for any one particular case or relationship is not worth the potential backlash.
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