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Kentucky and Indiana Mechanic's Liens
Article 9 of Uniform Commercial Code
“Tips, Tricks & Traps” The Legal Collection Process
Witness Preparation
Indiana Collection Law Review
Kentucky Collection Law Review
Commercial Collection Cases: Special Issues and Concerns
Effective Use of the Credit Application |
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Witness Preparation
Prepared by: Shon Leverett
TABLE OF CONTENTS
SECTION A Introduction to Litigation
A.01 Reasons for Witness Preparation
A.02 Purpose and Processes of a Trial
A.03 The Sequence of a Trial
A.04 Depositions Versus Trial Appearances
A.05 Lawyers have Ethical Obligations in the Preparation and Presenting of
Witnesses
SECTION B Prerequisite to Preparation
B.01 Competency and Capacity
B.02 Integrity of Witnesses
B.03 Credibility of Witnesses
B.04 Ability of Witness to Perceive
B.05 Ability of Witness to Recall
B.06 Ability of Witness to Communicate
SECTION C General Aspects of Testimony
C.01 Answer Truthfully
C.02 Maintain Neutrality
C.03 Only Answer the Question Asked
C.04 Give only Best Present Recollection
C.05 Testify from Personal Knowledge
C.06 Use Everyday Language
C.07 Testify Spontaneously
C.08 Pause and Think Before Answering
C.09 Admit Lack of Knowledge
C.10 Clarify any Unclear Questions
C.11 Miscellaneous
SECTION D Direct Versus Cross-Examination
D1.00 Direct Examination
D1.01 Developing a Theory
D1.02 Utilizing Outlines or Summaries in Preparation
D1.03 Avoid Contradictions
D1.04 Developing Persuasive Direct
D2.00 Cross Examination
D2.01 Preparing Witness for Cross
D2.02 Scope and Nature of Cross
D2.03 Preparing Witness for the Testing of Direct Examination
D2.04 Cross Examination to Impeach Generally
D2.05 Cross Examination by Inconsistent Statements or Statement of Others
D2.06 Objections made during Cross Examination
SECTION E General Considerations
E.01 On Your Day in Court
E.02 Coping with Anxiety
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