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Can a deposition be conducted over the phone?

  1. Yes, as long as the witness agrees.

  2. No, the notary must be in the same physical location as the witness.

  3. Yes, but only certain states allow it.

  4. No, that violates notary laws.

The correct answer is: No, the notary must be in the same physical location as the witness.

The correct answer emphasizes that for a deposition to be valid, the notary must be in the same physical location as the witness. This requirement is grounded in notary law, which aims to ensure that the notary can provide proper identification and verification of the witness's identity in real-time. Conducting a deposition over the phone may pose challenges in confirming the witness’s identity and maintaining the integrity of the deposition process. In contrast, while some states may allow remote depositions under specific conditions, the central tenet of notary law requires the notary to be physically present with the person being deposed. This presence helps to ensure that all legal protocols are followed, as remote participation can introduce risks of miscommunication, misrepresentation, or other issues that could affect the reliability and validity of the deposition.