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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

 

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