New Advisory Opinion Regarding Swearing in Witnesses Remotely

Per our request – (Thank you, BOC!) The Georgia Board of Court Reporting (BOC) has given us a new Advisory Opinion (AO 47) in which they outline the rules for certified court reporters in the state regarding the swearing in of witnesses - not just during this quarantine time period, but going forward even after we are back at conference tables again.  

Up until this point, there was no real “rule” saying it could be done or could not be done … and with the sudden need for videoconferencing, in an effort to keep working remotely, the request for some guidance was pushed to the forefront, and our Board has responded.

The Advisory Opinion says that swearing via video conference is acceptable, and it also says that it is recommended that swearing not be by telephone but rather preferred to be by video.

I personally read that to mean it is not prohibited, but recommended to find a more suitable option (i.e. video).  We all know that we have been swearing witnesses (though rarely) via telephone for depositions.  I have always preferred to cover myself by using various methods of proof to confirm the identity of the person I am swearing.  

One method I have used is to request from counsel (at the table – not prior) to have the witness produce (via smartphone photo sent via text or email prior to start) a photo of themselves with a copy of their driver’s license as proof of identity – I then request that proof be printed and marked as Exhibit 1 to the deposition. I also request all counsel present to stipulate to the deposition being taken via telephone and to stipulate that the oath being given by the reporter is authorized and being given to the appropriate party.  

Having reported for many years, I have always found it is best for everyone involved to be on the same page in order to avoid problems later.  

Get to swearing witnesses via VC, reporters!  Let’s get back to work!

Whit