Digital firms are exploiting the “notary loophole” — using notaries instead of licensed court reporters to swear in witnesses and certify transcripts. But notaries aren’t officers of the court. This practice risks inadmissible records, broken chain of custody, and malpractice exposure. Only certified stenographers can lawfully administer oaths and safeguard the integrity of the record.
Tag Archives: NotaryLoophole
Hope Is Our Weapon – How Court Reporters Can Win This War
“Without hope, we’re doomed.” Jane Goodall’s message is our call to action. Court reporters aren’t losing — we’re fighting strategically. Exposing the notary loophole, revealing hearsay flaws, and modeling decentralized custody of records are how we win. Hope isn’t wishful thinking — it’s our strongest weapon. The record is the battlefield. And we are its guardians.
The Language of CCP 2093(a) & Why Notaries Are Not Deposition Officers
California Code of Civil Procedure § 2093(a) names notaries and deposition officers as able to administer oaths—but only certified shorthand reporters are authorized to take testimony and certify transcripts. The “notary loophole” misleads attorneys into believing oaths alone make a deposition valid. Without a CSR, the record collapses. Learn why due process demands stenographers—not shortcuts.
The Moment the Notary Loophole Was Unleashed in a Firestorm
On July 21, 2018, CalDRA President Cheryl Haab led a pivotal town hall in Huntington Beach where Kimberly D’Urso pressed the issue of reporter-free depositions and Ed Howard advanced a flawed interpretation of California law. This “notary loophole” allowed videographers with notary commissions to bypass court reporters—fracturing the chain of oath, taking, and certification, and putting the admissibility of testimony at risk.
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