Court Reporter Practice Exam

If a witness will not be sworn, what should you do?

1. Discontinue the deposition

2. Affirm the witness

3. Seek permission from the court

4. Attempt to persuade the witness

The correct answer is: Affirm the witness

When a witness will not be sworn, affirming the witness is the most appropriate action because it establishes the basis for the testimony, even if it is not under oath. In some instances, a deponent may refuse to take the oath for personal reasons or due to a misunderstanding of its purpose. By affirming the witness, you are still allowing them to provide their account while maintaining the integrity of the recording. This action is particularly useful in situations where the witness is reluctant but might still provide valuable information. It allows the deposition to continue and ensures that the testimony is documented, which can be essential for legal proceedings. The affirming process typically involves the witness promising to tell the truth, similar to an oath, which may alleviate their concerns about being formally sworn in. Choosing to discontinue the deposition would halt the process, potentially losing critical testimony, while seeking court permission may not be necessary in many cases, especially if the situation can be resolved at that moment. Persuading the witness might not be effective and could lead to further complications or resentment, thus affirming is a more straightforward and effective approach.