Powers & DutiesNew York Notary Examination • 2026 Edition
Under Rule 3113 of the Civil Practice Law and Rules (CPLR) and the NY Notary handbook, how does a deposition differ from an affidavit?
AAn affidavit can only be taken by an attorney, whereas a deposition can only be taken by a court clerk.
BA deposition is the testimony of a witness taken out of court under oath for use at a trial, whereas an affidavit is an ex parte statement.Correct Answer
CAn affidavit is taken out of court with cross-examination, whereas a deposition is an ex parte statement.
DA deposition does not require an oath or affirmation, whereas an affidavit strictly requires one.
Official 2026 Statutory Legal Analysis
The NY Notary handbook defines a deposition as the testimony of a witness taken out of court under oath or affirmation intended for trial/hearing use. An affidavit is defined as an ex parte (one-sided) signed statement duly sworn to before an authorized officer.
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