Rule 5 of 7

Depositions and the Sunday rule

  1. The words

    A deposition is testimony under oath taken down in writing. CPLR 3113 authorizes depositions before a notary.

    The actual law, so it can’t scare you later.

  2. Actually means

    Lawyers ask, a witness answers under oath, and you are the officer who swore the witness in.

    Plain English. No legalese survives this step.

  3. Live example

    Attorneys take a witness statement in an office; the notary present administers the oath and the testimony is recorded.

    A scene you can picture.

  4. Killer question

    Two crisp facts: a notary may take depositions, and a notary may notarize on Sunday but a civil deposition cannot be taken on Sunday.

    Exactly how the exam asks it.