Deposition Fees for California Notaries: What You Can Charge

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Key Takeaways

• Depositions have their own fee structure under Government Code section 8211(c), separate from the standard $15 per signature
• The maximum fee is $30 plus $7 for administering the oath plus $7 for the certificate, totaling $44 per deposition
• This fee applies whether the deposition is taken in person or by written questions
• You must record the fee in your journal just like any other notarial fee

The Deposition Fee Breakdown

Government Code section 8211(c) sets the maximum fees a notary may charge for taking a deposition:

• $30 for taking the deposition itself
• $7 for administering the oath to the witness
• $7 for the certificate

The total is $44 per deposition. This is the maximum. You can charge less if you choose, but you cannot charge more.

This is different from the $15 per signature acknowledgment or jurat fee. The deposition fee covers the entire proceeding: swearing in the witness, recording the testimony (if you are the court reporter taking the deposition in your capacity as notary), and certifying the transcript. If you are only notarizing a signature on a deposition transcript that someone else recorded, the standard $15 acknowledgment fee applies instead.

When the Deposition Fee Applies

The deposition fee applies when you are acting in the capacity defined by Government Code section 8211(c): actually taking the deposition of a witness, swearing them in, and certifying the transcript. This typically happens in civil litigation when an attorney needs a notary to preside over a deposition.

If an attorney hands you a completed deposition transcript and asks you to notarize the court reporter’s signature, that is an acknowledgment. The fee is $15, not $44. The deposition fee only applies when you are the one taking the deposition.

Recording Deposition Fees in Your Journal

Record the deposition in your sequential journal like any other notarial act. Include:

• Date and time of the deposition
• Name of the witness whose deposition was taken
• Type of notarial act (deposition)
• Fee charged ($44 maximum, or less)
• Your signature and the witness’s signature or thumbprint

Deposition by Written Questions

Depositions by written questions follow the same fee structure under GC section 8211(c). You receive written questions, swear in the witness, record their answers, and certify the transcript. The $30 plus $7 plus $7 fee applies.

Frequently Asked Questions

Can I charge $44 for notarizing a deposition transcript?

Not unless you actually took the deposition. If you are just notarizing the court reporter’s signature on a completed transcript, that is a standard acknowledgment at $15.

Can I charge a travel fee on top of the deposition fee?

Travel fees are separate from notarial fees and are not regulated by the fee statute. You can negotiate a separate travel fee with the attorney requesting the deposition. Disclose the travel fee in advance.

Do I need special training to take depositions?

Your notary commission authorizes you to take depositions. No additional certification is required. That said, most depositions are taken by certified court reporters. Attorneys typically use a notary to take a deposition only when a court reporter is unavailable or for simple matters.

How do I certify a deposition transcript?

Attach a certificate stating that the witness was duly sworn and that the transcript is a true record of the testimony. The certificate must include the date, your seal, and your signature.

What if the deposition runs for several hours?

The fee is per deposition, not per hour. Whether the witness testifies for twenty minutes or four hours, the maximum notarial fee is $44. If you want additional compensation for your time, negotiate it as a separate service fee.