What should a deposition reporter do if a witness refuses to swear under oath?

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The action a deposition reporter should take when a witness refuses to swear under oath is to record the refusal. It is essential for the reporter to document the proceedings accurately, including any refusal to take an oath, as this can have legal implications for the deposition's validity. This record serves to provide the context in which the testimony is being given, and it may influence the outcome of the case by highlighting the refusal to swear.

Recording the refusal ensures that there is a complete and truthful account of what transpired during the deposition, which can be critical for all parties involved and the legal process as a whole. The option of affirming the witness would not be appropriate, as it may undermine the integrity of the legal procedure. Similarly, requesting a judge's decision may not be necessary at that moment, as the reporter's role is to accurately capture the event rather than intervene in legal debates. Terminating the deposition might not be warranted unless the situation escalates or if there are other pressing reasons to do so. Maintaining a factual record of what occurs during depositions is paramount to the role of a deposition reporter.