Administering the oath to a witness in a different state

[Dominique Isabeau]

I am in California.  Does anyone know if it is okay for a reporter here to administer the oath to a witness who will be appearing via videoconference in another state and the "venue" line above the case caption on the notice is "ARBITRATION BEFORE JAMS"?  (Let's assume the witness is not an expert or nonparty.)  Thanks, Dominique

[Marge Teilhaber (TILE hobber)]

It's probably not kosher but just get each lawyer to put on the record that they approve, stipulate, whatever the wording, to you swearing the witness via VAOFRN and I'd say it's fine.  I'd also raise the issue with the agency immediately.  CYA is a good thing!

[Dominique Isabeau]

Thank you, Marge, for responding.  I am still exploring this issue.  Indeed, whether state or federal, whether party or nonparty, a stipulation on the record is essential.

[Dean Morris]

Dominique,  READ YOUR STATE'S NOTARY PUBLIC LAW!!!  The four states of notary laws with which I am personally familiar (NY, CT, NJ, PA) state that the WITNESS MUST BE IN THE NOTARY'S PRESENCE.  That's the law.  There is no "getting around" the Notary Public Law (NPL).  I've also heard the same from reporters from Southern states.  There is no current provision in the NPL for swearing witnesses via videoconferencing or teleconferencing.  Notary must be in the witness's presence.  Again, check your state's NPL.

A notary public at the location where the witness is presented must swear the witness.  The notary must be in the witness's presence.  Does not matter what counsel say or agree to.  If you took your state's notary test, you'd be familiar with this.  Some states don't require a test, and, thus, the reporter has no idea what their state's NPL dictates, so check with your state's NPL.  It should be available online, generally through your state's Department of State.

The only way for a notary to protect him/herself is to follow the Notary Public Law.

[Dominique Isabeau]

Thanks, Deanna, for responding and for the information.  California CSRs do not have to be notaries. 

[Dean Morris]

Dominique, is that because California CSRs are permitted to swear witnesses as a result of their being California CSRs?

I would imagine that they have to operate under the same rules as a notary - but I'd check with your CA Board.  Not trying to be harsh - and meaning no disrespect to anyone - but lots of times agencies/reporters don't recall what the NPL dictates.  Their only aim is to cover the job/get the job; so, if you really wanted to be certain, I'd check with your fantastic CA Board.

[Quyen]

Dominique, I've had to swear a witness in another state via video conference. I just had all the attorneys stipulate on the record, before the witness was sworn, that it was okay to do so.