KANSAS HIGH SCHOOL MOCK TRIAL RULES OF COMPETITION Adopted by the Young Lawyers Section of the Kansas Bar Association January, 2015 RULES

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1 KANSAS HIGH SCHOOL MOCK TRIAL RULES OF COMPETITION Adopted by the Young Lawyers Section of the Kansas Bar Association January, 2015 RULES Rule 1.1. Governing Rules The Kansas High School Mock Trial program is governed exclusively by the Kansas High School Rules of Competition. The Kansas Bar Association Young Lawyers Section (YLS) and the Mock Trial Committee of the YLS administer the program and enforce these Rules of Competition. Rule 1.2. Rules of Evidence Kansas High School Mock Trial follows the most current version of the National High School Mock Trial Championship Rules of Evidence. Rule 1.3 Rule Clarification and Changes Requests for clarification to any rules or case materials must be made no later than 10 days prior to the competition by 5:00 pm CT. All requests must be submitted in writing to Any matters not addressed or determined under these rules will be submitted for decision to the Mock Trial Committee, the YLS President, the YLS President-Elect and the immediate YLS Immediate Past President if such matters are submitted in accordance with the above paragraph. If said matters are submitted later than 10 days prior to the competition by 5:00 CT, the Mock Trial Liaison has the discretion to make a decision. Decisions made are final, not appealable and cannot be objected to. The Mock Trial Committee may in its discretion amend, change or alter these rules at any time to promote the fairness and spirit of competition. Any such amendments, changes or alterations are final, not appearance and cannot be objected to. CODE OF CONDUCT AND ETHICS AND DISCIPLINARY ACTION Rule 2.1. Code of Ethics Student Attorneys who participate in the Kansas High School Mock Trial Competition are required to exercise the highest level of ethical behavior and professionalism. Failure by any Student Attorney to do so, may result in disciplinary action up to and including disqualification from competition.

2 Rule 2.2. Code of Conduct The goal of the Kansas High School Mock Trial program is to promote excellence in legal advocacy, camaraderie and professionalism. Any attempts by a team, coach, affiliated parent or family member or participating student to disrupt or circumvent said goal may result in disciplinary action. Coaches, Attorney Mentor, Teachers and parents of students are subject to the Code of Conduct. Violations of the Code of Conduct with respect to behavior by a Coach, Attorney Mentor, Teacher or parent may result in disciplinary action against a team. Coach, Attorney Mentor, Teacher or parent may be excluded from the Kansas High School Mock Trial Program at the discretion of the Mock Trial Committee for violations of the Kansas High School Mock Trial Rules of Competition. If a Coaches, Attorney Mentor, parent or Teacher s conduct warrants disciplinary action, a formal letter will be issued by the YLS President and Mock Trial Chair and mailed to the Coaches, Attorney Mentor or Teacher and represented school. Rule 2.3. Reporting Violations Violations of the Code of Ethics or the Code of Conduct may only be reported by the Team Caption of any team in writing to kansasmocktrial@gmail.com or in writing to the Chair of the Competition. Disciplinary action may also be initiated by any member of the YLS Board upon knowledge, information or belief of a violation. All violations will be reviewed by the Mock Trial Committee and assigned with the appropriate violation: No violation: No action will be taken. Insignificant or harmless violation: The Mock Trial Committee will instruct the offending party to cease the violation and no other action will be taken. Violation: The Mock Trial Committee will instruct the offending party to cease the violation and determine the number of points to be deducted from the offending party s overall score or whether to treat one win as a loss on the party s overall ranking. Point deductions may be between 10 and 50 points. Each violation of these rules will be treated as a separate violation. Egregious violation: The Mock Trial Committee will instruct the offending party to cease the violation and determine the appropriate disciplinary action, up to and including disqualification from the Kansas High School Mock Trial Program. The Mock Trial Committee reserves the authority to impose any type of disciplinary action, including disqualification, forfeiture of participation in the state competition, forfeiture of participation in the national championship competition, forfeiture of awards,

3 deductions in points or rankings and any other disciplinary action deemed by the Mock Trial Committee to be appropriate under the circumstances. Rule 2.4. Disclosure of School Affiliation Teams will be designated with a Code by the Mock Trial Committee prior to competition. Teams may not disclose the identity of their school at any time prior to completion of the round during which they are participating. TEAMS Rule 3.1. School Eligibility Any high school that is located in the State of Kansas may have an unlimited number of teams of at least six students. Rule 3.2. Combined Teams If a school with less than six students are interested in participating in the Mock Trial Program, multiple schools are allowed to form a combined team. Approval by the Mock Trial Committee is required at least one month prior to the regional competition. Rule 3.3. Student Eligibility Students eligible to participate in the Kansas Mock Trial Program must be current students in the fall and spring semesters of the school year. Part-time students or students who take college courses are eligible to participate. Rule 3.4. Team Composition A team must consist of at least six students. A team may consist of up to eight students. Rule 3.5. Student Roles During Competition All teams must have three attorneys and three witnesses for each round of competition. A team may also have a student designated as a Timekeeper who does not act as an attorney or witness during any round or a team may have a witness in any round of competition also act as a Timekeeper. No student may act as a witness and an attorney in any given round. A student may act as a witness on one side of the case and a student attorney on the other side of the case. Rule 3.6. Team Captains One student for each team should be designated by the teams as a Team Captain prior to the date the team submits its registration form. The Team Captain must also participate in at least one round during the competition as either a Witness or Attorney.

4 Rule 3.7. Divisions A regional competition may have both a varsity and novice division. Only teams competing as varsity are eligible to advance to the state competition. If there is no novice division, all teams will compete as varsity teams. A regional competition may have a novice division only if there are at least five advancement-eligible teams in the competition. Novice teams are not eligible to qualify for or compete at the state competition. Five advancement-eligible teams means five teams, each of which is from a different school, that all compete in the varsity division at any one regional competition. There will be no novice division where fewer than three teams from three different schools would compete in that division. All novice rounds will be prescheduled rather than power-matched. COURTROOM PROCEDURE, CONDUCT AND DECORUM Rule 4.1. Trial Outline All trials shall be conducted according to the following outline and timeframes: Preliminary Matters Opening Statement Plaintiff/Prosecution Opening Statement Defense Direct Examination of Plaintiff/Prosecution Witness #1 Cross Examination of Plaintiff/Prosecution Witness #1 Direct Examination of Plaintiff/Prosecution Witness #2 Cross Examination of Plaintiff/Prosecution Witness #2 Direct Examination of Plaintiff/Prosecution Witness #3 Cross Examination of Plaintiff/Prosecution Witness #3 Direct Examination of Defense Witness #1 Cross Examination of Defense Witness #1 Direct Examination of Defense Witness #2 Cross Examination of Defense Witness #2 Direct Examination of Defense Witness #3 Cross Examination of Defense Witness #3 Closing Statement of Plaintiff/Prosecution Closing Statement of Defense Rebuttal (if requested) of Plaintiff/Prosecution Rule 4.2. Time Opening arguments are limited to five minutes per side. Closing arguments are limited to five minutes per side. The Plaintiff/Prosecution may save up to two minutes for a rebuttal. Rebuttal must be requested prior to closing arguments or it is waived. Direct examinations must not exceed 25 minutes and cross examinations must not exceed 20 minutes per side.

5 Rule 4.3. Presentation of Sides All teams must present Prosecution/Plaintiff and Defense/Defendant sides of the case at least once each competition. Teams may compete against teams they have already competed against. If feasible, teams should not compete against the same school while being the same side. Prior to starting the round, teams who have previously competed against a school must bring it to the attention of the Mock Trial Committee. Rule 4.4. Opening and Closing Arguments Each team must present an opening statement by one attorney immediately after pre-trial matters are addressed. The Plaintiff/Prosecution will present the first opening statement and closing statement. The Plaintiff/Prosecution will be allowed a rebuttal time only for the closing statement. Each team must also present a closing argument by a different attorney that who presented the opening statement. Closing arguments must be limited only to that which was presented during that trial round. Rule 4.5. Communication During Competition Attorneys may communicate only with attorneys at their table during the trial, and with no one else. The defendant witness may sit at the attorney table, but may not communicate with, signal any attorney or the team during the competition. Rule 4.6. Exhibits Exhibits are not allowed to be enlarged. Exhibits may only be used on an 8 ½ x 11 inch sheet of paper and introduced into evidence, subject to the proper foundation being laid and subject to the Rules of Evidence. Rule 4.7. Judge and Jury Teams should address all argument to the jury which consists of the scoring panel of judges. The presiding judge will rule upon matters of law and may also act as a scoring judge. Rule 4.8. Use of Notes and Case Materials Attorney may use notes, case materials, etc. during statements or examination. Witnesses may not use notes while they are testifying, unless a document is being used to refresh recollection. No electronic devices are allowed to be used during trial, except for purposes of timekeeping. OBJECTIONS Rule 5.1. Objections The presiding judge may allow students to exceed the time allowed upon request from the attorney and approval for a brief period of time and for the limited purposes of allowing the

6 student to complete its statement. Judges may allow responses to objections and may request clarification or explanation for any objection made. Rule 5.2. Objections to Opening and Closing Arguments Objections are prohibited during opening and closing arguments. If a presiding judge disrupts an opening or closing statement, the timekeepers shall stop the time until the attorney answers the Judge s questions and resumes its statement. Students may object at the conclusion of the opening or closing argument. The individual to whom the objection is directed may provide a brief response. The objection will not be ruled on, but may be weighed by the scoring judges. REGISTRATION Rule 6.1. Registration and Deadline for Participation Teams must submit a complete registration form no later than two weeks prior to the regional competitions. Rule 6.2. Registration at Competition At least 30 minutes prior to the start of the first round of competition, the Team Captain must register his or her team. CASE MATERIALS Rule 7.1. Case Materials Case materials will be selected by and approved by the Mock Trial Committee. Each year, the case materials will alter between a criminal case and a civil case. Rule 7.2. Release of Case Materials Case materials shall be released no later than December 1 by posting as a PDF to the Kansas High School Mock Trial website. Rule 7.3. Stipulations Each year the case materials will include a list of stipulations that are not subject to dispute, objection or appeal. Stipulations may be added by the Mock Trial Competition at its discretion. TIMEKEEPING Rule 8.1. Student Timekeepers

7 All teams must have one student designated as a timekeeper for each round. If no timekeeper is designated, students who act as witnesses in a round may act as an alternate timekeeper. A student who is acting as an attorney during a round may not also act as Timekeeper. Rule 8.2. Timekeeper Conduct Timekeepers should be fair and neutral and shall not keep and communicate time in a disruptive manner. The timekeeper shall not communicate with any of the attorneys or witnesses during trial. Student timekeepers must keep time for both teams for all rounds. Rule 8.3. Time Card Signals Teams are required to supply their own stopwatches and time signal cards. Each team may use time cards consisting of ONLY the following time signals: 20:00, 15:00, 10:00, 5:00, 4:00, 3:00, 2:00, 1:00, 0:30, 0:10 and STOP. Time card signals must be displayed by the timekeepers at the same time. Rule 8.4. Stopping Time Upon the expiration of time, the student timekeepers should indicate to the Judge that the time has expired. Unless permitted, the attorney or witness must cease argument or examination. Rule 8.5. Timekeeping Disputes The Student Timekeepers should regularly check with each other to make sure they are keeping the same time. Discrepancies of more than 15 seconds that cannot be resolved among the timekeepers should be decided by the Judge. Rule 8.6. Timekeeping During Objections, Questions and Administration of Oath Time should be stopped at the time an objection is made and started when the parties proceed after an objection has been ruled on. Time should also be stopped for questions from the Judge and the administration of the Oath. RULES RELATING TO WITNESSES Rule 9.1. Swearing of Witnesses All witnesses must be sword in prior to giving testimony. The presiding judge shall swear each witness by receiving an affirmative response to the following question: Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition? If the oath is not given, witnesses are presumed to be sworn in.

8 Rule 9.2. Examination of Witnesses Each attorney shall present one direct examination and one cross examination. Re-direct examination and re-cross examination are permitted subject to the Rules of Evidence. The attorney who examines the witness is the only attorney allowed to object to that witness statements. Rule 9.3. Witness Limitations Students are limited to the facts that are contained in the witness statements and any reasonable inferences that can be derived therefrom. The case materials will consist of three witnesses who can be played by a male or a female. All three witnesses must be called each round. No student may act as multiple witnesses in a single round. Witnesses are not bound by statements contained in any of the other witness statements. Rule 9.4. Unfair Extrapolation During Direct Examination If, during direct examination, a witness is asked for information that is not contained in the witness statement, the witness must answer in a manner that is consistent with the witness statement. A witness cannot provide testimony that materially affects or alters the substantive issues of the case. If a witness is providing testimony in violation of this rule, an attorney for the opposing team may object on the grounds of unfair extrapolation or an objection that the information is beyond the scope of the witness statement. Unfair extrapolations may also be dealt with by impeachment. Rule 9.5. Impeachment of Witnesses Witness responses may be addressed through impeachment or objection under the Rules of Evidence. Rule 9.6. Witness Conduct and Character Witness behavior or response outside of the reasonable bounds of these rules will be subject to disciplinary action under Rule 1.2 and should be brought in writing to the Mock Trial Committee Chair within 10 minutes of the completion of the applicable round. Witnesses are not allowed to use costume or physical appearance changes to help portray a character. However, witnesses may utilize changes in voice tone or accent. Rule 9.7. Voir Dire Witnesses Voir dire examination of a witness is not permitted.

9 Rule 9.8. Sequestration of Witnesses Sequestration of witnesses is not permitted. STATE COMPETITION AND NATIONAL COMPETITION Rule State Competition Qualification The determination on how many teams qualify for the state competition will be announced no later than at the conclusion of the regional competitions. Rule State Competition The state competition will consist of four rounds and a championship round. The first round will be randomly selected by the Mock Trial Committee and power-matching rules will apply thereafter. Only one team per school is allowed to advance to the state competition. Rule National Qualifications The team who wins the final championship round at the state competition will compete at the National Competition. If that team is unable to attend, the team who won second place at the state competition will compete at the national competition. Substitutions of students for the national qualifying team are subject to the full discretion of the Mock Trial Committee, subject to the National Rules of Mock Trial. AWARDS AND ANNOUNCEMENTS Rule Announcement of Regional Awards and State Qualifiers Regional Awards will be announced at the conclusion of the final round of regional competitions. The teams that have qualified for State will be announced immediately thereafter. The Mock Trial Committee will at its discretion determine the number of teams each year that will qualify for the state competition. Rule Announcement of State Championship Round Qualifiers At the conclusion of the four rounds at the state competition, the awards ceremony will be held to distribute individual and team awards and announce the teams who will compete in the championship round. JUDGES AND SCORING Rule Judge Critiques

10 Judges may provide critiques, but may not disclose scores or which team won. Rule Judge Panels Judges for the program are volunteers. The presiding judge may or may not score. Novice teams during regional competition may only have one judge depending on the number of volunteer judges. Rule Score Sheets Each Judge is given a score sheet prior to the round. Scoring Judges are not bound by the decision or rulings of the presiding judges. Teams will be scored on a 10 point scale (10 as excellent and 1 as poor). Rule Ties Not Allowed No ties allowed. If a miscalculation results in a tie, the tie-breaker box will trump any points scored. Points will be used as they are written, but the team in the tie-breaker box will receive the win on the ballot. Rule Ranking Teams will be ranked in the following order: (1) Wins/Losses; (2) Number of Ballots; (3) Total Points from all rounds. Rule Bye Rounds If a team receives a bye round, they will receive a win for the round, three ballots for the round, and points will be awarded based upon the average of the points they received in their prior non-bye rounds. A team receiving a bye in the first round will be awarded points based upon the average of all points awarded during that round. Rule Power Matching Teams will be randomly selected for the first round of competition and power-matched for all later rounds, subject to Rule 3.7. A regional competition with five or fewer varsity teams will be scheduled in round robin format. At the state competition only, the two teams with the strongest records will compete in the championship round. To the greatest extent possible, teams will not be matched against teams that they have already competed against. At the championship round, the teams will flip a coin to determine sides with the team who traveled the furthest calling heads or tails. The championship round is winner take all. DISPUTE RESOLUTION

11 Rule Dispute Submission Only Team Captains may submit a dispute to the Judge or Mock Trial Committee. The purpose of this procedure is to foster communication skills among the students and conflict resolution independent of coaches and parents. Improper disputes or disputes made with the purpose of disrupting competition or in bad faith are subject to disciplinary action.