One of the reporters that is covering a job for me in Miami just called me and said an attorney wants her to swear in a witness over the phone. The witness was to appear for deposition but, he wants to appear by phone at his attorney's office. Told her the witness has to have a notary present, the attorney says no he does not but, the attorney that hired us says, yes he does.

Have you ever had this happen and if so what did you do?? (sent from my iphone) excuse grammar and or spelling.

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Comment by Kelli Combs (admin) on November 21, 2009 at 8:15
Wow, I did not know you had to have a notary if the witness is testifying by phone. I guess you learn something new every day.
Comment by Katiana Ball on November 17, 2009 at 16:18
If a witness is testifying by phone, it is normally required that he have a notary on site to swear him in. The notary states on the record his name, commission number and expiration date and then swears the witness in. On the certificate of oath page, I put the notary's commission number and expiration date.

When there is not a notary, the attorneys have always stipulated.
Comment by Rachel Mcroy on November 17, 2009 at 15:33
You can absolutely not swear in a witness over the phone, it's against the law....And if the attorney gives you any attitude you can tell him that if it goes to trial or in front of a judge that his testimony can be thrown out or a re-depo may have to be given because the witness was not properly sworn... :)

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