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Published on October 19th, 2012 | by Trey Cox


Preparation: Index Prior Statements

No one can hope to confront a witness with his prior inconsistent testimony unless those prior statements are readily available for the attack.  The most effective method of achieving the ability to instantly confront the witness with prior testimony is to have an index of all that witness has said earlier.  The first rule of such an index is that the cross-examiner himself must do the indexing.  An index will be a far less dangerous weapon in your arsenal if done by the hand of another.  It is the very labor of indexing that gives the examiner the familiarity with the material necessary to use it instantly and capably.

About the Author

specializes in courtroom fights between businesses. His jury trial experience and courtroom success have earned him the distinction of being Board Certified as a Trial Advocate by the National Board of Trial Advocacy. Trey represents Fortune 500 corporations, entrepreneurs, and leading firms in a wide array of industries. His dedication to his clients and winning track record have repeatedly earned him recognition as one of the top trial lawyers in the country.

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