The Notary Request and the Unpaid Deposition Invoice
A freelance Nevada court reporter is also a commissioned notary public. After a deposition, the witness hands the reporter a signed affidavit and asks her to “notarize it” before the witness leaves for the airport. The reporter did not see the witness sign, and the affidavit has no oath or acknowledgment clause completed. The noticing attorney says, “Just stamp it; we’re in a hurry, and you were here for the whole deposition.” Separately, the attorney demands the original deposition transcript for a filing deadline, but the reporter’s invoice for $2,400 is unpaid. The reporter’s standard contract says the original will be released only after payment. The case is in Nevada state court, and the deposition was noticed under the Nevada Rules of Civil Procedure. The reporter also has 8-year-old audio from an unrelated case that the client now asks her to destroy to save storage.
1. Should the reporter notarize the affidavit?
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Do not notarize. A Nevada notary must have the signer personally appear and must either witness the signature or take the signer’s acknowledgment or oath, depending on the notarial act. The reporter did not see the witness sign, and no oath or acknowledgment was administered. The attorney’s assurance is not a substitute. The witness is still present, so the reporter could properly administer an oath or acknowledgment if the affidavit has the correct clause and the witness signs or acknowledges in the reporter’s presence. Otherwise, decline and explain the defect.
2. May the reporter withhold the original deposition transcript until the invoice is paid?
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The reporter should not withhold the original deposition transcript to collect the fee. Under NRCP 30(f), the officer must certify the deposition and promptly deliver it to the party taking the deposition; the reporter may retain a copy and pursue the unpaid invoice separately. Withholding the original can miss a court deadline and may violate the rule. If the contract says otherwise, the contract does not override the court rule. Release the original, invoice promptly, and if necessary use lawful collection remedies.
3. Should the reporter destroy the 8-year-old audio on the client’s informal request?
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Do not destroy the 8-year-old audio on an informal request. First confirm the applicable retention period and whether any litigation hold, appeal, or collateral challenge is pending. If retention has expired and no hold applies, destruction can be proper under a written records policy, but document the request and the basis. If there is any doubt, preserve the audio and ask the client for written confirmation. Destroying records that may be needed can expose the reporter to discipline and spoliation claims.