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The statutes that provides that power are TITLE 41A, OATHS AND AFFIDAVITS, 41A:2-1(a)(15) which you can see at http://www.njleg.state.nj.us/2012/Bills/S1000/841_I1.HTM and also 4:12-1 of the court rules which you can see at http://www.njleg.state.nj.us/2012/Bills/S1000/841_I1.HTM
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My question was more directed toward the Pennsylvania issue. I am aware of the New Jersey regulation, but I was questioning whethere it was applicable to Pennsylvania as well.
I'm sorry, I misunderstood. Let me check that for you as well.
Great. Thank you. I apologize if I was not clear.
I misread it, you were clear when i went back and looked again. I am checking right now and should have an answer within a few minutes.
I've gone back and forth through the statutes concerning courts and court reporters and oaths and cannot find any statute that states court reporters are inherently able to administer oaths. Even the statutes that deal with the reporters that work for the courts themselves does not list the giving of oaths as a part of their duties.
After searching the statutes themselves I went to a broader search and found no cases that addressed the issues and then broadened the search again and found a small note on a court reporting website at http://www.courtreportingschoolsonline.net/Pennsylvania.html that states a court reporter has to be a notary to administer an oath.
Based on this search and the lack of statutory authority I think that a court reporter in PA does have to be a notary to administer an oath.
Okay. Thank you. That was my uneasiness with it.
The reason they don't in some states, like NJ, is that the legislature has specifically stated they have the power so if the PA legislature has not stated it, then they don't.
I would think that the judge of a court can authorize their own court reporter to administer an oath in their name and that may be why the judge gave that answer originally.
Okay. That did not occur to me.
Thanks again. Have a geat day.
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