In order to administer oaths in depositions, all Florida court reporters are required to apply for and maintain their Florida notary commission.
European Notary Duties:
- Public office holders — (one of three in the legal order)
- Authenticate instruments
- An amicable settlement magistrate
- At the service of all citizens
- Guarantee the publicity of an authentic instrument
In civil-law countries, notaries play an integral part in the legal process. They are one of three in their legal order — magistrates, notaries and lawyers — and are highly educated and regulated. Their number one priority is to confer authenticity on legal instruments and contracts for their clients.
This expertise comes at a price. Costs and fees paid on housing transactions can add 2% to the cost of home buying in some European countries. To stimulate the economy, the European notary industry is under pressure to reform.
Click here to read the 3/21/2015 featured article in The Economist.
Florida Notary Duties
- To administer oaths or affirmations
- Take acknowledgements
- Attest to photocopies of certain documents
- Solemnize marriage — (one of only three states authorized to do so)
- Verify vehicle identification numbers
- Certify the contents of a safe-deposit box
In common law countries, notaries in most US states and jurisdictions can only perform notary services within the borders of their commissioning state.
For depositions, Florida notaries must require the deponent’s physical presence and properly identify him/her. Although depositions may be taken over the telephone, remotely by Skype, Looking Glass Depo or some other videoconferencing method, the deponent must be in the physical presence of the notary — or some other official authorized to administer oaths — at the time the oath or affirmation is given. There is no exception, even if the attorneys for both parties stipulate otherwise.
Click here to reference and/or save the Florida Notary manual.