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July 31, 2010, 12:24:58 AM

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Site Author : Topic: Question on notary/deposition  (Read 397 times)
January 20, 2010, 07:01:25 PM
User No : 3271
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Situation:

A deposition, taken in another state, is notarized by a Louisiana notary that was not present at the deposition.

Would the deposition still be admissible in court or not?

I see a state statute on notaries talks about notaries blessing documents that are 'passed before' or 'acknowledged before' them. Does 'passed by' cover the notary in this case, or would the notary still have to be present at the time of the dep?

Any state statutes someone can refer me to on this case? I think I fried Google's brain on this one.

Thanks
« Last Edit: January 20, 2010, 07:07:01 PM by riroon » Logged
February 02, 2010, 02:54:18 PM
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The usual procedure is that the court reporter who takes the deposition is also authorized to administer oaths. The person being deposed is then subject to perjury and the proceedings are (depending) admissible in court.

Unless something is missing here, I don't see how a notary who did not personally see anything would be able to attest to anything. If the deponent acknowledged the deposition, then maybe -but there are potential problems.
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