The authority to administer an oath or affirmation rests in the state in which the witness is physically located, therefore, in order for a notary in Ohio to report the deposition of a person NOT in their presence, there must either be a notary in the presence of the witness who administers the oath to the deponent and can either complete an affidavit stating that the deponent personally appeared before the notary, or the same information can be stated in the certificate of the reporter, or the reporter can be commissioned by the court in which the case is filed.  It is not acceptable for the attorneys in the case to stipulate that the reporter can swear in a witness not in their presence.

Pursuant to Rule 28(B) of the Ohio Rules of Civil Procedure, “Depositions may be taken outside this state before: a person authorized to administer oaths in the place where the deposition is taken, a person appointed by the court in which the action is pending, a person agreed upon by written stipulation of all the parties, or, in any foreign country, by any consular officer of the United States within his consular district.”