A-53796, FEBRUARY 26, 1935, 14 COMP. GEN. 642

A-53796, FEBRUARY 26, 1935, 14 COMP. GEN. 642

DEPOSITIONS - NOTARIES PUBLIC AND STENOGRAPHIC SERVICES UPON EVIDENCE THAT THE $1 FEE PROVIDED BY THE TENNESSEE CODE TO NOTARIES PUBLIC FOR TAKING DEPOSITIONS IS NOT CONSIDERED LOCALLY AS COVERING MORE THAN THE ADMINISTRATION OF THE OATH OR TAKING THE ACKNOWLEDGMENT AND FORWARDING THE DEPOSITION, AND THAT IT IS CUSTOMARY TO PAY IN ADDITION THERETO FOR NECESSARY STENOGRAPHIC SERVICES, STENOGRAPHIC CHARGES FOR TAKING DEPOSITIONS IN ACCORDANCE WITH THE LOCAL PREVAILING RATES WILL BE ALLOWED IN TENNESSEE IN ADDITION TO THE $1 FEE, IRRESPECTIVE OF WHETHER THE STENOGRAPHIC SERVICE IS RENDERED BY THE NOTARY PUBLIC IN PERSON OR BY SOME OTHER PARTY. 14 COMP. GEN. 231, AND A-53796, NOVEMBER 27, 1934, MODIFIED.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 26, 1935:

THERE ARE BEFORE THIS OFFICE FOR DIRECT SETTLEMENT VARIOUS CLAIMS BY GRACE DAWSON, WILLIE V. COOPER, AND GRACE BOHANNON FOR TAKING DEPOSITIONS IN THE STATE OF TENNESSEE. THE CLAIMS ARE ITEMIZED AS FOR PER DIEM OR PER HOUR RATES FOR THE TIME CONSUMED IN TAKING THE DEPOSITIONS, PAGE RATES AT 35 CENTS OR 40 CENTS PER PAGE FOR TRANSCRIPTS AND, IN ADDITION THERETO, A NOTARIAL FEE OF $1 FOR ADMINISTERING THE OATH.

IN DECISION IN 14 COMP. GEN. 231, IT WAS HELD, UPON THE FACTS THEN BEFORE THIS OFFICE, THAT THE FEE OF $1 PRESCRIBED BY THE TENNESSEE CODE FOR SUCH DEPOSITION TAKEN BY A NOTARY PUBLIC WAS ALL THAT THE LAW AUTHORIZED TO BE PAID IN THAT STATE FOR SUCH DEPOSITIONS AND THAT PAYMENT FOR STENOGRAPHIC SERVICES COULD NOT BE MADE IN ADDITION THERETO.

IN DECISION OF MAY 12, 1932, TO THE ATTORNEY GENERAL, 11 COMP. GEN. 428, IT WAS STATED:

* * * YOU ARE ADVISED THAT IF IN EXCEPTIONAL CASES THE FEES AND COMPENSATION PROVIDED BY STATE STATUTE ARE DEEMED BY THE DEPARTMENT OF JUSTICE TO BE INADEQUATE, PARTICULARLY WHERE THE ESTABLISHED PRACTICE OF THE STATE COURTS IS TO DISREGARD SUCH STATUTES AS OBSOLETE OR OTHERWISE INAPPLICABLE, CLAIMS FOR FEES OR COMPENSATION GREATER THAN FIXED BY SUCH STATUTES SHOULD BE REFERRED HERE FOR DIRECT SETTLEMENT WITH A FULL ADMINISTRATIVE REPORT AS TO THE CIRCUMSTANCES AND THE STATE PRACTICE INVOLVED, AND WITH THE DEPARTMENT'S RECOMMENDATION IN THE MATTER.

THE ABOVE-MENTIONED CLAIMS ARE ACCOMPANIED BY A LETTER FROM THE ADMINISTRATIVE ASSISTANT TO THE ATTORNEY GENERAL, DATED JANUARY 4, 1935, INCLOSING LETTERS FROM THE UNITED STATES ATTORNEYS AT NASHVILLE, KNOXVILLE, AND MEMPHIS, TENNESSEE, EACH OF WHOM STATES, IN EFFECT, THAT THE $1 FEE PROVIDED IN THE TENNESSEE CODE FOR TAKING A DEPOSITION IS CONSIDERED IN THE LOCAL PRACTICE AS PAYMENT TO THE NOTARY PUBLIC FOR ADMINISTERING THE OATH OR TAKING THE ACKNOWLEDGMENT AND FORWARDING THE DEPOSITION, AND THAT IT IS CUSTOMARY TO PAY, IN ADDITION THERETO, FOR THE NECESSARY STENOGRAPHIC SERVICES, EITHER TO THE NOTARY PUBLIC OR TO A STENOGRAPHER EMPLOYED TO TAKE THE DEPOSITION; THAT THE STENOGRAPHIC FEES ARE GENERALLY BASED UPON A PER DIEM OR PER HOUR RATE FOR THE TIME OCCUPIED IN REPORTING THE TESTIMONY PLUS A PAGE RATE FOR THE TRANSCRIPT; THAT IF LIMITED TO $1 PER DEPOSITION, IT WOULD NOT BE POSSIBLE TO TAKE DEPOSITIONS IN THE STATE OF TENNESSEE.

THE EVIDENCE ACCOMPANYING THESE CLAIMS IS ACCEPTED AS ESTABLISHING THAT, IN TENNESSEE, THE NOTARIAL FEE OF $1 FOR DEPOSITIONS DOES NOT COVER STENOGRAPHIC SERVICES. ACCORDINGLY, STENOGRAPHIC CHARGES IN ACCORDANCE WITH THE LOCALLY PREVAILING RATES WILL BE ALLOWED IN ADDITION TO THE FEE OF $1, IRRESPECTIVE OF WHETHER THE STENOGRAPHIC SERVICES ARE RENDERED BY THE NOTARY PUBLIC IN PERSON OR BY ANOTHER PARTY. THE CLAIMS NOW BEFORE THIS OFFICE WILL BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE FOREGOING, IF OTHERWISE CORRECT. THE DECISIONS OF SEPTEMBER 18, 1934, 14 COMP. GEN. 231, AND NOVEMBER 27, 1934, A 63796, INSOFAR AS THEY ARE IN CONFLICT WITH THE FOREGOING WITH RESPECT TO DEPOSITIONS TAKEN IN TENNESSEE, ARE MODIFIED IN ACCORDANCE HEREWITH.