Video Depositions - Frequently Asked Questions

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The organization involved in the legal case must have its deposition either within a 75-mile radius of its primary executive or business office in California or within the county where the case is being held and within 150 miles of that office. back-up.

If someone is asked to provide testimony during a deposition and they refuse after being officially requested through a subpoena, they can be penalized for contempt of court.

The total testimony time for the deposition examination of the witness, excluding the witness' own legal representative, will be restricted to a maximum of seven hours for all counsel involved.

The deposing party must pay the anticipated amount of fees upfront if possible. If not, they should give the fees to the attorney who hired the expert at the conclusion of the deposition.

In the majority of case scenarios, when scheduling a deposition for a party involved in the case, it is necessary to give a minimum of 10 days' notice if served in person, or 15 days' notice if served through mail within California.The total testimony time for the deposition examination of the witness, excluding the witness' own legal representative, will be restricted to a maximum of seven hours for all counsel involved.

In numerous instances, there are certain types of questions that do not necessitate a response, and these questions can generally be classified into three distinct categories. Firstly, there are queries that pertain to private aspects, wherein individuals possess the right to decline answering any inquiries regarding health, sexuality, or religious beliefs, including their own. Secondly, there exist questions that involve privileged information, which are typically confidential and meant only for a limited audience. Lastly, there are questions that fall under the umbrella of irrelevant information, which hold no relevance or significance to the subject matter being discussed.

To ensure thoroughness, any party or attorney listed as an official representative is allowed to be physically present during the deposition at the deponent's chosen location. To exercise this right, a written notice stating the intention to appear must be served to all relevant parties either through personal delivery, email, or fax, at least five court days prior to the scheduled deposition.

If you choose to assert your Fifth Amendment privilege during the discovery phase, it means that you cannot alter your response later on or give up your right to remain silent during the trial. So, regardless of your innocence, pleading the fifth during discovery, whether written or in a deposition, may result in being bound by your initial answer.

After the deposition in a personal injury case, various events will follow, such as settlement negotiations, potential mediation, discovery, and trial preparation if required. Typically, the process of settlement negotiations initiates upon your attorney's submission of a demand letter seeking compensation.

A settlement offer can be presented when the evidence and its indication of negligence and fault become evident, which can occur during a deposition. Similarly, it is possible to make a settlement offer after a deposition is finalized and both parties have had an opportunity to assess the information that was shared .

A deposition serves as a valuable occasion for parties engaged in a civil lawsuit to procure witness testimony, constituting a crucial component of the discovery process and admissible evidence at trial. The discovery process, in turn, presents a systematic inquiry designed to unearth further insights pertaining to the case at hand.

In civil cases, like divorce or protective order cases, you still have the right to invoke your fifth amendment privilege if required. However, it's important to note that if you choose to remain silent, the judge or jury can interpret it negatively against you. This legal concept is referred to as an adverse inference.

1) Take your time. 

2) Understand each question being asked. 

3) Pause. 

4) Give your attorney a chance to object. 

5) Trial, not deposition, is where you prove your case. 

6) Avoid speculating.

One of the disadvantages of invoking the fifth amendment is that, if you decide to testify in a court of law, you are no longer able to selectively exercise your right to remain silent. This means that you cannot simply choose to stay silent when it is convenient for you and decide to testify at other times. Once you take the witness stand, you open yourself up to the possibility of facing a comprehensive and thorough examination by the prosecution.  

By invoking the fifth amendment, individuals are typically able to protect themselves from self-incrimination. It provides them with the right to remain silent, preventing any potentially damaging statements or information from being used against them in court. This right becomes particularly significant when there is a risk of admitting guilt or providing evidence that could be used to build a case against them.  However, if an individual voluntarily decides to take the stand and testify, they essentially waive their fifth amendment protections. 

1. Be Honest: Always speak truthfully during the deposition process.  

2. Consider your Response: Before answering a question, take a moment to carefully think about your response.  

3. Give Direct Answers: Answer the question being asked without adding unnecessary information.  

4. Refrain from Volunteering: Avoid providing information that has not been explicitly requested.  

5. Seek Clarification: If you come across a question that you do not fully comprehend, do not hesitate to ask for clarification.  

6. Communicate Clearly: Respond in full, complete sentences to ensure your message is clear.  

7. Limit Statements to Personal Knowledge: Only provide information based on what you have personally seen or heard, avoiding conjecture or speculation.

anyone can attend unless the court issues a protective order IF an “affected” person seeks and obtains such an order.

High-Quality 4k camcorder, high definition omni-direction microphones, as well as OBS to record as back-up.

1920x1080 delivered in MP4 Format. Technically we can accommodate any other digital format desired.

Within 24-hours of the deposition. Usually next day delivery un-synced.

Yes. We handle all variety of legal depositions.

Visit our contact us page and email or call our team of Legal Recorders.

Yes. We absolutely do!

We offer services in California Only.

We secure all video recordings on multiple backup encrypted hard-drives. 

Yes. We assist counselors with any technical needs requested during depositions.

A notary public in California offers a range of essential services related to legal documentation and authentication. These services primarily revolve around ensuring the validity and integrity of documents and transactions. Some key services provided by notaries in California include:

1. Acknowledgments: Notaries can certify that a document signatory has willingly and voluntarily signed it, verifying their identity. This is crucial for various legal documents, including deeds and contracts.
2. Jurat: Notaries administer oaths or affirmations to individuals who need to make a sworn statement. They certify that the statement is made under penalty of perjury and can be used as evidence in court.
3. Copy Certification: Notaries can certify copies of original documents, such as diplomas or identification, as true and correct copies.
4. Power of Attorney: Notaries can witness and notarize the signing of powers of attorney, which grant someone the authority to act on another's behalf.
5. Loan Document Notarization: In real estate transactions, notaries often notarize loan documents to ensure that they are valid and legally binding.
6. Affidavits: Notaries can administer oaths for affidavits, affirming that the statements made in the affidavit are true.
7. Witnessing Signatures: Notaries can act as impartial witnesses to various legal documents, including wills, trusts, and living wills.
8. Notary Services for Remote Clients: In some cases, notaries in California can provide services remotely through audio-visual technology.

Various types of fraudulent activities occur, including but not limited to bank and credit card fraud, check-related fraud due to insufficient funds, insurance fraud, mail fraud, deception involving Medi-Cal or Medicare, fraudulent real estate dealings, tax fraud, welfare fraud, fraudulent impersonation of a peace officer, offenses related to hit and run incidents, and crimes associated with kidnapping.

It's not uncommon for individuals to require notarial services for documents originating from other states. However, it's crucial to navigate this terrain with a clear understanding of the laws and regulations governing notarial acts. The fundamental principle to keep in mind is that notary laws in the United States are state-specific, and each state possesses its own set of regulations governing the duties and authority of notaries. Therefore, the answer to whether a California notary can notarize out-of-state documents lies in the geographical boundaries of their commission.

The Short Answer: Yes, Within California's Borders

In essence, a California notary public is legally permitted to notarize documents from any state, but there's a significant caveat. This notarial act must occur within the geographical boundaries of California. For example, if a California notary is approached to notarize a document that was created in Texas, they can indeed perform the notarization, but it must take place within the state of California.

Crossing State Lines: Notarial Limitations

It's essential to note that a California notary public cannot travel to another state to conduct a notarial act unless they are also commissioned in that specific state. In our example, the California notary cannot journey to Texas to perform the notarization unless they hold a valid notary commission in Texas as well.

By adhering to these principles, California notaries can confidently provide notarial services for out-of-state documents within the bounds of their state commission. This clarity ensures compliance with California's notary laws while efficiently meeting the needs of clients seeking notarial acts for documents originating from various states.

For further insights into California notary actions, regulatory guidelines, or to engage the services of a knowledgeable and experienced California notary public, we invite you to explore our extensive collection of articles and resources. At Legal Recorder, we are dedicated to providing comprehensive information and professional notarial services to serve your needs effectively.

As of September 2, 2023, mobile notaries in California are earning an average hourly wage of $62.03. It's important to note that notary fees can vary based on the specific services provided and the location of the notary. Mobile notaries often charge additional fees for travel to the client's location, which can impact their overall earnings. The hourly rate reflects the compensation for their notarial services, which can include notarizing various documents such as affidavits, loan documents, and legal contracts. Additionally, mobile notaries may offer convenience and flexibility by traveling to clients' homes, offices, or other locations to perform notarial acts, making their services valuable for individuals and businesses in need of notarized documents. As the demand for notary services continues, mobile notaries play a crucial role in facilitating legal documentation processes and ensuring the authenticity of important paperwork.

Loan Signing Agent

Becoming a loan signing agent stands out as one of the most profitable avenues for notary publics to enhance their income. These agents play a pivotal role in the real estate industry by overseeing the final stages of closing a mortgage loan, meticulously verifying that all documents are correctly signed and notarized.

Loan signing agents facilitate a smooth and error-free closing process, ensuring that borrowers fully comprehend the documents they are signing. Their meticulous attention to detail is essential, as even minor errors can have significant ramifications in real estate transactions.

As for the earnings potential of loan signing agents, it can vary based on several factors such as location, experience, and the number of signings conducted. On average, loan signing agents can make anywhere from $75 to $200 per signing appointment. In regions with a higher demand for real estate transactions, experienced agents may earn even more, occasionally exceeding $200 per appointment.

The leading cause of misconduct allegations against Notaries is their failure to ensure signers are physically present during notarization.

The consequences of failing to ensure signers are physically present during notarization can range from legal and professional penalties to damage to one's reputation and ethical concerns. Notaries must strictly adhere to state laws and regulations to avoid these potential repercussions.

Separate Notary Blocks for Each Signer:

One essential aspect of notarizing documents with multiple signers in different locations is to create separate notary blocks for each individual. This practice enables notaries to execute their duties independently for each signer, regardless of their physical distance.

Each notary block should include the following components:

1. Date and Location: Clearly indicate the date and location where the notary is physically present at the time of notarization.
2. Notary's Information: Include the notary's full name, commission expiration date, and commission number, ensuring it complies with your state's notary laws.
3. Signer's Information: Identify the individual whose signature is being notarized. Include their full name, address, and any additional information required by your state.
4. Notary Seal or Stamp: Affix your official notary seal or stamp, ensuring it contains all the necessary information, such as your commission expiration date and commission number.
5. Notary Signature: Sign the notary block using your legal signature, exactly as it appears on your notary commission.

By creating separate notary blocks for each signer, notaries can maintain a clear and organized record of each notarial act. This approach also ensures compliance with notary laws and regulations, which may vary from state to state.

Remote Online Notarization (RON):

In many cases, notarizing documents with remote signers can be facilitated through Remote Online Notarization (RON) platforms. RON allows notaries to perform notarial acts electronically, even when signers are in different locations. Notaries using RON should follow their state's specific guidelines for remote notarization and adhere to the technology and security requirements.

Additionally, it's essential to communicate effectively with the signers, verify their identities using credible methods, and ensure the document is properly signed before proceeding with notarization.

By implementing these steps and, when applicable, utilizing RON technology, notaries can effectively notarize documents signed by individuals located in different places while upholding the integrity and legal validity of the notarial act.

For further guidance on notarizing documents with remote signers, we recommend consulting with a knowledgeable notary public or exploring our comprehensive collection of articles and resources related to notarial practices.

Notary errors can significantly contribute to document rejections, with both minor and major notarization mistakes being common culprits. On average, approximately 30% of notarized documents contain errors. However, it's important to note that the rejection rate can vary depending on the specific county and state regulations in place.

Legal Recorder is dedicated to minimizing notarial mistakes and we take structured steps and measures to ensuring the accuracy of notarial actions.

Understanding the Boundaries of California Notaries: What You Cannot Do

As stewards of the notarial profession, California notaries are entrusted with the critical task of ensuring the integrity of legal documents and upholding the law. To maintain the highest ethical standards and to protect the interests of both clients and the public, it is imperative to be fully aware of the actions that a California notary cannot undertake:

1. Legal Advice: California notaries are prohibited from providing legal advice or guiding clients on which notarial certificate is appropriate for a specific notarial act. While they play a crucial role in document authentication, their function is distinct from that of legal professionals.
2. Use of "Notario Publico" in Spanish: It is essential to refrain from advertising or representing oneself as a "Notario Publico" in Spanish. This term can carry vastly different connotations in various parts of the world, including the misconception that the notary possesses legal qualifications akin to an attorney.
3. Incomplete Documents: Notaries must never notarize documents that are incomplete or contain missing parts. Their responsibility lies in ensuring that documents are fully executed and devoid of any blank spaces. While they do not analyze document content, they must certify the document's completeness.
4. Conflict of Interest: Upholding ethical standards, notaries cannot notarize documents that may directly or indirectly benefit them. This prohibition aims to prevent conflicts of interest and maintain the impartiality of the notarial process.
5. Non-English Advertising: To comply with legal requirements and uphold transparency, notaries are advised to advertise their services exclusively in English. This ensures that clients fully understand the scope of services offered.
6. Immigration Advice: Non-lawyer notaries are prohibited from providing immigration advice. This restriction underscores the importance of seeking legal counsel from qualified immigration attorneys for immigration-related matters.
7. Excessive Fees: Notaries in California must adhere to prescribed fee schedules and should not charge above the standard rate per signature or per document. Transparent and reasonable pricing ensures fair access to notarial services.

By comprehending these limitations and acting within their scope of authority, California notaries contribute to the reliability and authenticity of legal documents while maintaining the highest ethical standards. This commitment to ethical conduct safeguards the interests of clients and upholds the integrity of the notarial profession.

For further guidance on notarial responsibilities or to engage the services of a reputable California notary, please don't hesitate to contact us at Legal Recorder. We are dedicated to facilitating your notarial needs with the utmost professionalism and ethical integrity.