Court Reporter Practice Exam

If a party arranges to have an oral deposition recorded non-stenographically, who must swear the witness in?

1. A journalist

2. A notary or competent person

3. A legal assistant

4. A judge

The correct answer is: A notary or competent person

In the context of an oral deposition that is recorded non-stenographically, it is essential for the witness to be sworn in to ensure that their testimony is taken under oath, maintaining the integrity and legality of the process. A notary or a competent person is typically responsible for administering the oath. Notaries are legally authorized to administer oaths and affirmations, serving as impartial witnesses to the process. This role is crucial in ensuring that the testimony is credible and can be upheld in a legal context. Other individuals, such as journalists, legal assistants, or judges, do not specifically carry the formal authority to administer oaths in the context of a deposition unless they hold a notary commission or equivalent legal standing to act in that capacity. Therefore, the answer identifying a notary or competent person as the one who must swear in the witness aligns with the legal requirements governing depositions, ensuring that the testimony recorded holds the necessary weight in court.