Case Information
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The Attorney General of Texas JIM MATTOX December 30, 1983 Attorney General Opinion No. ~~-110 Honorable Lloyd Doggett Supreme Court Building P. 0. Box 12548 Chairman
Austin, TX. 78711. 2548 Comittee on Consumer Affairs Re: Authority of notaries 512/475-2501 public to take written Texas State Senate Telex 9loia74.1367 P. 0. Box 12068, Capitol Station depositions Telecopier 512l475-0266 Austin, Texas 78711 714 Jackson, Suite 700 Dear Senator Doggett: Dallas, TX. 752024508 2141742.8944
You pose the following question on behalf of the Senate
Subcommittee on Consumer Affairs: 4824 Alberta Ave., Suite 160 El Paso, TX. 79905.2793 Da notaries public have the authority to take
915/533-3484 written depositions pursuant to Tex. Rev. Civ. Stat. Ann. articles 1935 and 5954, and other F relevant laws? 001 Texas, Suite 700 Houston, TX. 77W2-3111 713/223-5886 By "written deposition," we understand you to mean a deposition
taken by written questions; that is, by questions submitted to a litigant or witness in non-stenographic, written form, the answers to 806 Broadway, Suite 312 which are reduced to non-stenographic. written form. T.R.C.P. rule Lubbock, TX. 79401.3479 So6/747-5238 189. An oral deposition is one whereby spoken questions are addressed
to the litigant or witness and the spoken replies are recorded for later transcription. T.R.C.P. rule 199. See generally 19 Tex. Jur. 4309 N. Tenth, Suite S 2d Depositions, §$l-50 at 633 et seq. McAllen, TX. 78501-1685 512/682-4547
Article 5954, V.T.C.S., last amended in 1975, states:
200 Main Plaza, Suite 400 Notaries Public shall have the same authority to San Antonio, TX. 78205.2797 take acknowledgments or proofs of written 5121225.4191 instruments, protest instruments permitted by law
to be protested, administer oaths, and take An Equal Opportunity/ depositions, as is now or may hereafter be Affirmative Action Employer conferred by law upon County Clerks . . . .
(Emphasis added). The other statute you cite, article 1935, V.T.C.S., provides: A clerk of the county court of each county shall be elected at each general election for a term of two years. Each such clerk shall be authorized to *2 Honorable Lloyd Doggett - Page 2 (J&110)
issue all marriage licenses. to administer all oaths and affirmations, and to take affidavits and depositions to be used as provided by law in any of the courts. (Emphasis added).
These statutes plainly authorize notaries to take depositions unless some other law withdraws such authority. See Ex parte Stiles, 150 - S.W. 2d 234 (Tex. 1941).
Other than parties to litigation, their attorneys or the full time employees of either, only official court reporters and deputy court reporters holding certificates issued by the Supreme Court of Texas may engage in the practice of shorthand reporting for use in litigation in the courts of the state, except by affidavit that no certified shorthand reporter is available, or by stipulation. V.T.C.S. art. 2324b. 591, 3, 14, 15. Shorthand reporting is "the making of a verbatim record of an oral court proceeding, deposition, or proceeding before a grand jury, referee, nr court commissioner by means of written symbols or abbreviations in shorthand or machine shorthand writing or oral stenography." Id. at 03. But depositions need not be taken stenographically. T.R.C.P. rule 215~; Burr v. Shannon, 593 S.W.2d 677 (Tex. 1980).
Notaries public have been officers authorized to take written depositions in Texas for many years. Cf. Bush v. Barron, 14 S.W. 238 (Tex. 1890); Otis v. Ratfield, 235 SK 978 (Tex. Civ. App. - Fort Worth 1921, no writ); Missouri Pacific Railway Co. v. Baldwin, 273 S.W. 834 (Tex. Comm. App. 1925); Bryan v. United States Fire Insurance Co., 456 S.W.2d 702 (Tex. Civ. App. - Corpus Christi 1970, writ ref'd n.r.e.). We do not think present law deprives them of such authority. T.R.C.P. rule 196. See 19 Tex. Jur. 2d Depositions, 825 at 654. -
SUMMARY Notaries public have authority to take written depositions in non-stenographic form.
JIM MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney General
Honorable Lloyd Doggett - Page 3 (JM-110)
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Bruce Youngblood
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton
Bruce Youngblood