Mock Trial Procedures

•  When teams register and pay their feeds they will be given the following:
  • The case material
  • The rules for the competition
• The Mock Trial rules also contain the rules of evidence from which objections can be made
• Check with your state sponsor to see if they have a list serve or some other way of answering question
• If there is a list serve, sign up for it and review the answers that are given because they become part of the material and rules.

Sample Mock Trial Rules

State of Oregon v Dousa Part 2

Typical Sequence of a Mock Trial

1. Clerk calls the court to order.
2. Judge enters and takes the bench
3. Judge may make a few initial comments
4. Each side introduces itself
5. Each side may bring up preliminary matters such as:
   • The bailiff sit in the jury box during opening statement and closing argument so speakers can see the time cards
   • Permission to freely move around the courtroom during direct and cross examination
   • Permission to video tape the court (if wanted).
6. Parties make opening statements 
7. Prosecution/plaintiff presents their case:
   • Prosecution/plaintiff calls their witnesses and seeks to admit exhibits.
   • Defense cross examines these witnesses
8. Prosecution/plaintiffs rest their case
9. Defense presents their case:
   • Defense calls their witnesses and seeks to admit exhibits
   • Prosecution/plaintiff  cross examines these witnesses
10. Defense rests their case
11. Prosecution/plaintiff makes their initial closing argument
12. Defense makes their closing argument
13. Prosecution/Plaintiff makes their rebuttal closing argument
14. Jury/Judge deliberate and fill out their ballots
15. Ballots are sent to the competition coordinator
16. Judges may make a few comments to the participants

Brief Overview of the Courtroom Roles

• Attorney doing the opening statement:
  • Gives a memorized oratory speech
  • Excellent for someone who may miss some meetings
  • No objections are allowed so this attorney does not have to learn rules of evidence
  • Attorney is familiar with the overall case and works closely with the other attorneys 
• Attorney(s) doing Direct Examination
  • Asks their own witnesses open ended questions to help them tell their story
  • May introduce Exhibits.
  • Makes and responds to objections.
  • Makes sure the evidence comes in that their side needs.
  • Tries to keep out objectionable evidence the other side want in.
• Attorneys(s) doing Cross Examination:
  • Asks the other side’s witness closed ended questions to get admissions.
  • Is able to control the opposing side’s witnesses.
  • May need to introduce exhibits.
  • Makes and responds to objections.
  • May needs to know how to introduce exhibits
  • Makes sure the evidence comes in that their side needs.
  • Tries to keep out objectionable evidence the other side wants in. 
• Attorney doing Closing Argument
  • Know the entire case
  • Listen to the testimony that comes in at trial.
  • Makes the final argument based on this evidence.  that comes in.
  • Does not make or respond to objections.  
  • This role is best for a team member who has done mock trial before.
• Lay Witnesses
  • Ordinary witnesses that testify based upon their personal knowledge and life experiences.
  • Great for team members who like to act.
• Expert Witnesses
  • Persons who testify based upon their qualifications of expertise in their field.
  • Great for team members that want to be in a professional role.
• Clerk and Bailiff
  • These roles can be learned quickly and are excellent for someone who wants to be involved in mock trial but does not have a lot of time to devote to it. 
• Team Captains (optional)
  • Consider having two team captains, one for the Prosecution/Plaintiff and one for the Defense.  
  • These are often the attorney doing closing argument.
  • Have experience in a variety of mock trial roles and possess leadership qualities.
• Non-Trial Roles (optional;)
  • Not officially listed on the roster or introduced to the Court.
  • Artists who sketch the courtroom and participants.
  • Reporters to video tape the trial (with the permission of the court)
  • Support and backup team members.

Court Decorum (General Suggestions)

• Always stand when talking to the court and when the judge enters or leaves the room
• Attorneys are officers of the court – be professional
• Stay in your role the entire time as if this were an actual trial 
• Always be courteous to the judge, attorneys and witnesses
  • When being assertive on cross examination go after the witness not the person playing the role
  • Don’ t laugh or make sounds if the other side makes a mistake
• Dress appropriately
• Say “Yes, your Honor” or “No, your Honor” when answering questions from the judge 
• If the judge rules against you on a point or in the case, take the adverse ruling gracefully and be cordial with the judge and other team
• If you are a witness, don’t be seated until after the clerk swears you in
• Follow the seating chart that comes with your case material
• Don’t show you are having fun until after the round
• Shake the hands of the other team after the judges retire to deliberate and give complements generously

Supporting Roles (Clerks, Bailiffs and Artists)

Clerk

A proficient clerk is critical to the success of a trial and points are given on their performance.  

The Clerk is usually provided by the prosecution/plaintiff.  

This is an ideal role for someone who wants to be a part of the team but does not have a lot of time to devote. Perhaps they want to observe Mock Trial to decide whether they want to take on more responsibility next year.

Typical Duties

• When the judge arrives in the courtroom introduce themselves and explain that you will assist as the court clerk.
• Rosters:
  • Use the roster form in the Mock Trial packet.
  • Bring a roster of the team’s students and their roles to each trial round
  • Have enough copies to be able to give a roster to each judge in every round as well as a few extras
  • Obtain rosters from the other side and give them to the judges also
• Competition Rules:
  • Bringing a copy of the “Rules of Competition.”
  • If questions arise and the judge needs clarification, provide this copy to the judge
• Swear in the witnesses:
  • Every witness should be sworn in
  •  Walk over to the witness stand, have the witness raise their right hand, and administer the oath
  • In Oregon the oath administered is: “Do you promise that the testimony you are about to give will faithfully and truthfully conform the facts and rules of the Mock Trial Competition?”
  • Witness responds, “I do.”
  • Clerk then says, “Please be seated and state your name for the court and spell your last name” 
• Manage Exhibits:
  • Both sides should have their own exhibits, however, a well-prepared clerk has spares
  • Identify the exhibit before the attorney shows it to the witness
  • Retrieve and assume responsibility for the exhibit from the witness after they have testified (whether or not it was admitted)
  • Any time an attorney wants to use the exhibit after that, they need to get it from the clerk
  • Optional:  Keep a record of what exhibits are admitted in case the judge asks 
•  Takes the judge’s ballots to the coordinator’s office once a decision is made.

Suggestions to Improve Performance

• Dress and conduct oneself as an officer of the court 
• Be efficient and enunciate clearly
• Promptly retrieve exhibits from the witness stand after each witness  
• The Clerk is in charge of the exhibits in a regular trial and prevents the witnesses and the attorneys from running off with them
• Raise your right hand at a 90 degree angle and enunciate when you swear the witness in and give them instructions.

Unofficial Time Keeper (optional)

• In some competitions teams may, at their option, provide an unofficial timekeeper during the trial rounds
• An unofficial timekeeper cross checks the timekeeping of the bailiff.
• The unofficial timer is usually the clerk (but, depending on the rules, it can also be a performing attorney from prosecution/plaintiff’s side)
• Check your local Mock Trial rules as to what must be done if your team wants to use an unofficial time keeper

Bailiff

A competent bailiff times both teams in a fair manner, is critical to the success of a trial, and points will be given on his/her performance

The bailiff is usually provided by the defense. (check your regional rules).

This is an ideal role for someone who wants to be a part of the team but does not have a lot of time to devote. Perhaps they want to observe Mock Trial to decide whether they want to take on more responsibility next year.

Materials a bailiff should have

• Time sheets provided in the competition material   (3)
• Time cards provided by the competition co-coordinator.
• Time keeping device(s)
  • Stopwatch of some sort
  • Cell phones are not allowed
  • Two stop watches are better 
    • One to use for the prosecution/plaintiff
    • One to use for the defense
    • Helps if you can set a timer with the total time allowed and have it count down to zero

Typical Duties (may vary a bit)

• When the judge arrives in the courtroom, introduce yourself and explain that you will assist as the court bailiff.
• Call the court to order as the judges enter the courtroom.
  • “All rise. This Court with the Honorable Judge ______ presiding, is now in session. Please be seated and come to order.”
  • In the unlikely event a judge calls a recess during the trial, say “all rise” as the judges leave the courtroom and again as they re-enter.
  • When the trial is finished say “all rise” as the judges leave the courtroom.  
•  Timekeeping is the bailiff’s biggest job.
  • Be prepared with supplies you need.
  • Practice with the stop watch and know how to use it before the competition
  • How to be an effective timekeeper
    • Follow the time limits set for each segment of the Mock Trial and keep track of the time used and time left on the time sheet provided 
    • Sit in the jury box for opening statement and closing argument (otherwise the speakers cannot see your time cards)
    • During direct and cross examinations time should stop when attorneys make objections
    • Restart once the judge has ruled on the objection and the next question is asked 
    • You should also stop the time if the judge questions a witness or attorney
    • After each witness has finished his/her testimony announce the time remaining, e.g., if after direct examination of two witnesses, the plaintiff/prosecution has used ten minutes, announce “8 minutes remaining” (18 minutes total allowed for direct/redirect, minus the ten minutes already used).
    • When the time has run out for any segment of the trial, announce “Time!” and hold up the “0” card 
    • After each witness has completed his/her testimony, mark on the time sheet the time to the nearest one-half minute 
    • When three minutes are left, bailiff will hold up “3” minute card, then again at “1” minute and finally at “0” minutes 
    • Be sure time cards are visible to all the judges as well as to the attorneys  
    • Time cards (3, 1, 0 minute) will be provided in each courtroom 
    • Leave them in the courtroom for the next trial round.

Artist

A student courtroom artist can accompany the team and compete in their own parallel courtroom art competition for which they register separately.

Trial Sequence and Time Limits

The time limits for each competition may vary slightly based on the competition and jurisdiction.  The following is an example of what these could look like:

Each side has 43 minutes to present its case, which, allowing for introductory matters, arguing objections, judges deliberations, and preliminary matters would make each round approximately 1 hour 40 minutes.

The trial sequence and time limits are as follows: 

1. Introductory matters – 5 minutes total (conducted by judge)
2. Opening statement – 5 minutes per side 
3. Direct and redirect (optional) – 22 minutes per side
4. Cross and re-cross (optional) – 11 minutes per side 
5. Closing argument – 5 minutes per side*  
6. Judges’ deliberations – 10 minutes total (judges in private)

*Prosecution may reserve time for rebuttal at the beginning of closing argument.

** Each side may make objections during the direct and cross examinations. The time taken making and arguing these objections is not counted against a side’s overall time.  Objections are not allowed during opening statements or closing arguments.