Louisiana Private Investigator Licensing Practice Exam

What happens if a witness refuses to sign the deposition?

1. The deposition is invalid

2. The attorney must sign it

3. The judge can issue a new order

4. The court reporter notes the refusal

The correct answer is: The court reporter notes the refusal

When a witness refuses to sign a deposition, the correct course of action is for the court reporter to document the refusal. This is important because it ensures that there is an official record of the witness’s non-compliance, which can be crucial for any future legal proceedings. The integrity of the deposition process relies on accurate and complete documentation, including any circumstances that may arise, such as a witness’s refusal to confirm their statements with a signature. The other options do not accurately reflect the procedural response to a witness's refusal. For instance, the idea that the deposition becomes invalid is misleading; the content of the deposition still stands, even if the signature is absent. Similarly, while attorneys play a role in these proceedings, they are not required to sign on behalf of the witness. Lastly, the judge issuing a new order is not the standard response in this scenario, as the refusal itself does not warrant such judicial intervention unless there are other complicating legal factors involved. Thus, documenting the refusal by the court reporter remains the appropriate and procedural response.