Act 97 of 2020 Governs Remote Swearing of Witnesses

This law requires SPECIFIC actions on the part of the notary.

Read Act 97 of 2020

Read "Steps to Becoming an Electronic or Remote Notary in Pennsylvania"

 

What You Need to Know:

  • A notary public located in Pennsylvania may perform a notarial act facilitated by communication technology for a remotely located individual if all of the following apply:
    • The notary public has personal knowledge of the identity of the individual
    • The notary public has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public
    • The notary public is reasonably able to identify the individual by at least two different types of identity proofing processes or services
    • The notary public is reasonably able to identify a record before the notary public as the same record
    • The notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act, including all interactions between the notary public and the remotely located individual…
  • The certificate of notarial act and the short form certificate must indicate that the notarial act was performed by means of communication technology.
  • The notary public shall retain the audio-visual recording, or cause the recording to be retained by a repository designated by or on behalf of the notary public, for at least 10 years after the recording is created.
  • Before a notary public performs the notary public’s initial notarial act, the notary public must notify the Department of State that the notary public will be performing notarial acts facilitated by communication technology and identify the technology.
  • The communication technology and the identity proofing must conform to Department of State standards. (Pay attention to the "Steps...")

 

Resources for Remote Reporting

NCRA - COVID-19 Resources

Conducting Remote Depositions

NCRA - Handling of Exhibits for Remote Depositions

JCR - How to Optimize Internet Connection for Remote Depositions

Security Recommendations for Remote Reporting

Zoom - In-Meeting File Transfer

Zoom - Breakout Rooms and Private Chatting for Off-the-Record Discussions

 

Preparing Remote Records

When you prepare transcripts for depositions conducted remotely, the title and certification pages should reflect the remote nature of both the proceedings and the swearing in. 

See below for PCRA suggestions:

Sample Remote Title Page - Freelance

Sample Remote Certification Page - Freelance

Sample Remote Title Page - Official

Sample Remote Certification Page - Official