Under CPLR 3113, the officer administers the oath and oversees the recording of testimony. CPLR 3116 governs transcript review, signature, and certification, and CPLR 3117 governs use of deposition testimony in motion practice and at trial. In civil matters, transcript defensibility hinges on lawful oath administration, accurate stenographic capture, and compliant certification and finalization.
In criminal proceedings, the governing authority shifts to the New York Criminal Procedure Law and applicable evidentiary standards. While civil-style depositions are limited in criminal practice, sworn testimony taken in hearings or other authorized proceedings must likewise be lawfully administered, accurately recorded, and properly certified to preserve admissibility.
New York does not impose a separate statewide freelance deposition reporter licensure requirement for civil deposition admissibility. Courts focus on officer authority, proper oath administration, verbatim accuracy, and defensible certification. Although not statutorily required, many reporters practicing in New York hold respected national designations such as RPR, RMR, or CRR, reflecting formal testing and adherence to recognized professional standards.
Remote proceedings are permitted by stipulation or court order where authorized. In all contexts, the officer must remain legally authorized and transcript preparation must comply with the applicable procedural code. For New York attorneys, transcript reliability is grounded in strict procedural compliance and professional reporting standards that protect admissibility in motion practice, evidentiary hearings, and trial.
Last reviewed for accuracy: April 2026