New York State Notary Practice Exam

Can a deposition be taken before a notary public in a civil proceeding?

1. Yes, it can be taken

2. No, it cannot be taken

3. Only for criminal proceedings

4. Only if the notary public is a lawyer

The correct answer is: Yes, it can be taken

A deposition can indeed be taken before a notary public in a civil proceeding. Notaries public in New York are authorized to perform various duties, including administering oaths and affirmations, which are essential functions in the deposition process. During a deposition, parties and witnesses are questioned under oath, and a notary public can ensure that the proceedings are conducted in accordance with legal requirements. This is particularly important because the notary's role adds a level of formality and legality to the statements made during the deposition. The options that suggest a deposition cannot be taken or are restricted to specific types of proceedings do not align with the established practices governing depositions in civil matters. Additionally, the notion that a notary public must be a lawyer to conduct such proceedings is also incorrect, as the notary's responsibilities do not require them to have a legal background to administer oaths or serve as an impartial witness.