2018 Riverside County Mock Trial Competition Rulebook and Guidelines*

Transcription

1 0 Riverside County Mok Trial Competition Rulebook and Guidelines* *Adapted from the California State Mok Trial Team Rulebook Published by the Constitutional Rights Foundation Teams advaning to the California State Mok Trial Competition should follow the rules and proedures outlined in the California State Mok Trial Team Rulebook. For additional information, ontat Traey Case, Administrator () -0 All information ontained in this paket is subjet to hange by ontest offiials. Soure of information: Constitutional Rights Foundation, California Mok Trial Rulebook Revised //

2 Dates and Times Wednesday, September, 0 p.m. Monday, Deember, 0 p.m. Important Dates for 0 Riverside County Mok Trial Competition* Events and Loations Coahes Orientation Session RCOE Conferene Center, th Street, Riverside Intent to Partiipate Form due to RCOE. NOTE: Case materials will be available for release on September, 0. Case passwords will only be provided to teams with Intent to Partiipate form on file. All registration forms due to RCOE: Team List/Code of Ethis Form (one per team) Student Partiipation Form (one per student) Team Registration Fee Due ($0) Thursday, January, 0 :0 p.m. Thursday, February, 0 to p.m. Thursday, February, 0 to p.m. Random Drawing for Round RCOE Conferene Center, th Street, Riverside Round Competition Regional Courts Robert Presley Hall of Justie, 00 Main Street, Riverside Southwest Justie Center, 0-D Auld Road, Murrieta Larson Justie Center, -00 Oasis Street, Indio Round Competition Robert Presley Hall of Justie, 00 Main Street, Riverside Thursday, February, 0 to p.m. Saturday, February, 0 to a.m. p.m. Thursday, Marh, 0 to p.m. Saturday, Marh, 0 to :0 a.m. to :0 p.m. :0 p.m. (approximately) Marh -, 0 May 0-, 0 Round Competition Robert Presley Hall of Justie, 00 Main Street, Riverside Round Competition Robert Presley Hall of Justie, 00 Main Street, Riverside Awards Ceremony (Announement of Elite Eight) Bourns Tehnology Center (00 Columbia Avenue, Riverside) Round Elite Eight Competition Robert Presley Hall of Justie, 00 Main Street, Riverside Round Semi-Finals Round Riverside Histori Courthouse, 00 Main Street, Riverside Round - Championship Round Riverside Histori Courthouse, 00 Main Street, Riverside Finals Awards Ceremony Riverside Histori Courthouse, 00 Main Street, Riverside California State Mok Trial Competition Orange County National Mok Trial Competition Reno, Nevada *End times are approximate; teams should plan to arrive at ourthouse for ompetition dates 0 minutes prior to start time.

3 Table of Contents Administration Rule. Rules Rule. Code of Ethial Condut Rule. Trial Proedures Rule. Copyright and Plagiarism Teams Rule. Team Eligibility Rule. Team Composition Rule. Team Withdrawal Rule. Wild Card Teams Rule. Awards The Trial Rule. Case Rule. Physial Evidene Rule. Trial Communiation Rule. Witnesses Rule. Unfair Extrapolation Rule. Attorneys Rule. Condut of the Pretrial Motion Rule. Clerks/Timing Rules Rule. Rule Interpretation Judging and Team Advanement Rule. Finality of Deisions Rule. Judging Panel Rule. Evaluation Rule. Soring Rule. Rankings and Ties Summary of Pretrial Motion Proedures Summary of Trial Proedures 0 Evaluation Criteria Guidelines for (-0) Soring Appendix Sample Sore Sheet Sample Time Sheet

4 0 Riverside County Mok Trial Competition Rulebook and Guidelines The Riverside County Mok Trial is sponsored by Riverside County Offie of Eduation (RCOE), Riverside County Bar Assoiation (RCBA), and Riverside County Superior Courts, in ooperation with the Constitutional Rights Foundation (CRF). The Mok Trial Steering Committee, made up of representatives of the legal and eduation ommunity, are responsible for enforing the rules and regulations of the ompetition. The hairperson of the Steering Committee is John Wahlin, Partner, Best, Best, and Krieger. The logistis of the event are handled through the Riverside County Offie of Eduation where the ontat is Traey Case, Administrator, Riverside County Offie of Eduation. Judges and soring attorneys volunteer their time to assist with the Riverside County Mok Trial ompetition. The Riverside County Bar Assoiation is a vital soure in reruiting volunteers. Attorney Coahes It is reommended that eah shool/team reruit an attorney oah to work with their team well in advane of the Mok Trial ompetition. The most suessful teams involve attorney oahes at the earliest possible time. If a shool is unable to reruit an attorney oah and has exhausted all resoures, ontat Traey Case, Administrator, () -0. Attorney oahes needing assistane throughout the Mok Trial season should ontat John Wahlin, Steering Committee Chairperson, () -. Judiial Mentor If desired by the teaher and attorney oah, shools may reruit a judiial mentor. The role of the judiial mentor may inlude assisting teams by judging and ritiquing pratie rounds. The mentor may also provide other assistane as agreed upon by the oahing staff and the judiial mentor. Rule. Rule Administration A. All trials will be governed by the rules of the Riverside County Mok Trial Program, California Mok Trial Program, and the California Mok Trial Rules of Evidene. Only the allowable evidentiary objetions for Mok Trial will be used. Violations of these rules and the following rules should be raised by objetions from opposing team student attorneys only during the ourse of the motion or trial. The judge will rule on eah suh objetion and the soring attorneys shall onsider the violation in evaluating the performane of the individual team members involved. None of these objetions may be raised in the post-trial proeedings. B. All partiipants in the Mok Trial ompetition must follow all rules and proedures as speified in the Mok Trial materials disseminated by the Riverside County Offie of Eduation or Constitutional Rights Foundation. Failure of any member or affiliate of a team to adhere to the rules may result in disqualifiation of that team.

5 C. All teams entering the Riverside County Mok Trial Competition shall sign an agreement to follow the rules outlined in this doument. The Riverside County Offie of Eduation shall provide the agreement form, whih must be signed and filed prior to partiipation in Mok Trial events. Rule. Code of Ethial Condut All partiipants, inluding observers, are bound by all setions of this Code and agree to abide by the provisions. A. All ompetitors, oahes, and other partiipants, inluding observers, will show ourtesy and respet for all team members and partiipants, inluding their opponents and all ourthouse staff, judges, attorney oahes, teaher oahes, mok trial staff, and volunteer personnel. B. All ompetitors, oahes, and partiipants, inluding observers, will show dignity and restraint, irrespetive of the outome of any trial. Trials, ontests, and ativities will be onduted honestly, fairly, and with ivility. C. Team members and all student partiipants will onform to the highest standards of deportment. Team members and partiipants will not employ tatis they believe to be wrong or in violation of the Rules. Members and partiipants will not willfully violate the Rules of the ompetition in spirit or in pratie. All teams and partiipants are responsible for insuring that all observers are aware of the Code. D. Teaher oahes agree to fous on the eduational value of the Mok Trial Competition. They shall disourage willful violations of the Rules and/or this Code. Teahers will instrut students as to proper proedure and deorum and will assist their students in understanding and abiding by the letter and the spirit of the ompetition s Rules and this Code of Ethial Condut. E. Attorney oahes agree to uphold the highest standards of the legal profession and will zealously enourage fair play. Attorney oahes are reminded that they must serve as positive role models for the students. They will promote ondut and deorum among their team members and fellow oahes in aordane with the letter and the spirit of the ompetition s Rules and this Code of Ethial Condut and will demonstrate the same through their own behavior. They will emphasize the eduational value of the experiene by requiring that all ourtroom presentations (e.g., pretrial, questions, objetions, et.) be substantially the work produt of the student team members. F. By partiipating in the program, students, teaher oahes, and attorney oahes are presumed to have read and agreed to the provisions of the Code. Violations of this Code of Ethial Condut may be grounds for redutions in sores, disqualifiation from a ontest, and/or suspension or expulsion from the program. Rule. Trial Proedures A. The mok trial is a benh trial; partiipants may not address the soring attorneys as if they were a jury.

6 B. Teams will be identified by team ode only and not by shool name. C. Teaher oahes may identify themselves by team number only to the presiding judge prior to the trial presentation. Attorney oahes may not identify themselves to the presiding judge or soring attorneys prior to the trial presentation. Other than the lerk and bailiff, team members must not ommuniate with the soring attorneys until the onlusion of the trial. D. All partiipants are required to wear appropriate ourtroom attire. Teaher oahes, attorney oahes, students, and spetators are prohibited from wearing lothing or apparel that identifies their shool. E. Teaher oahes and attorney oahes leaving the ourtroom during the trial may not return until the ompletion of the trial. Spetators are to remain in the ourtroom throughout the trial as muh as possible as to not disrupt the trial. Student attorneys may not leave the ourtroom during the trial exept in an emergeny at the diretion of the presiding judge. F. Teams are required to submit team rosters and/or Blue Ribbon Nomination Forms to the presider and soring attorneys. Blue ribbon nomination forms are used for rounds,, and. Rosters are used for remaining rounds. Presiding judges do not provide blue ribbon nominations; the form is used as a roster only for presiding judges and for opposing teams for the sportsmanship award. (See rule., A) G. All team members partiipating in a trial must be in the ourtroom at the sheduled time, ready to begin the round. Inomplete teams must begin the trial without their other members or with alternates. H. If a sheduled team is not present within 0 minutes after the sheduled trial time, that team forfeits the trial and is subjet to possible disqualifiation subjet to the disretion of Mok Trial Steering Committee. In the event of a forfeiture, the delared winner shall be awarded perentage points and the forfeiting team perentage points. I. Reesses will not be allowed for any reason in loal or state ompetitions (unless authorized by Mok Trial staff or presider). If, during the ourse of a round, the presiding judge allows an interruption in the trial for any reason, team members, teaher oahes, and attorney oahes shall remain seated and shall not onfer or otherwise ommuniate among themselves. J. Use of laptop omputers or tablets during trials is prohibited. Cellular phones may only be used by the lerk for timing and are prohibited for any other use. K. Teams may only video/audio reord a trial involving their shool. Rounds may be videotaped only with the onsent of both teams, as long as videotaping does not beome disruptive. Eah side is permitted one amera and must use existing ourtroom lighting. Any team has the option to refuse partiipation in video/audio reording and still photography. Riverside County teams or their affiliates may not videotape or reord other ounty Mok Trial ompetitions. L. Other than the exhibits provided in the trial material, no other illustrative aids of any kind may be used.

7 M. Props, ostumes, and theatrial makeup are prohibited. Costuming inludes hairstyles and lothing aessories that are speifi to a role in the ase. In keeping with the eduational philosophy and objetives of the Mok Trial Program, teams should onentrate on presenting the trial in a realisti manner, with witnesses wearing appropriate ourtroom attire and using their normal speaking voies. Portrayals of raial, ethni, and gender stereotypes are inappropriate and should not be used. N. Gender-neutral names allow students of either gender to play the role of any witness. During trial, questions regarding gender, rae, or physial harateristis not inluded in the offiial ase materials are not allowed. O. Teaher oahes are in harge of organizing the seating in eah ourtroom. The ourtroom will be divided in half, and eah team will be assigned one side. Unoupied seats on the opposite side may be utilized. P. Chewing of gum is not permitted in the ourthouse. In the ourtrooms, the bailiff will be responsible for orreting any violation. Q. Only offiial attorney sorers and one video amera operator per team, with permission by both teams, may sit in the jury box. Non-oahing observers may sit in the jury box with the ourt s permission only if there are no other seats available in the ourtroom. R. The proseution will provide the lerk, and the defense will provide the bailiff for eah round. The lerk and bailiff will also at as the liaison between the team and ompetition oordinators during the ompetition. Rule. Copyright and Plagiarism A. The California Mok Trial materials are proteted by opyright and may not be re-printed anywhere, inluding on the Internet, without express permission from CRF. Any violation of this rule may result in litigation and in disqualifiation of a team. However, CRF grants all reipients a liense to reprodue the lesson inluded in the beginning of the ase material and the exhibits, for distribution to students and eduators. B. Any alteration or viewing of onfidential California Mok Trial materials posted on the CRF web site will result in the immediate shool disqualifiation and potential litigation by CRF. C. Plagiarism* of any kind is unaeptable. Students written and oral work must be their own. (*Webster s Ditionary defines plagiarism as, to steal the words, ideas, et. of another and use them as one s own. ) D. Trials are open to the publi, but no intentional souting is allowed (see Code of Ethial Condut). Students, teaher oahes, attorney oahes, and other team representatives may not observe other Riverside County team ompetition rounds during the Riverside County ompetition unless they have already been eliminated from the ompetition (example: a team that does not advane to the Elite, Semi-Final or Final round may observe those rounds of ompetition.)

8 Teams Rule. Team Eligibility A. The Riverside County Mok Trial Competition is open to all publi, private, and harter shools in Riverside County, for students in grades through. B. A home-shooled student may partiipate if the distrit allows home-shooled students to partiipate in extra-urriular ativities. Home-Shooled students partiipate through the publi high shool they would attend if they were not home-shooled, with the approval of the shool. C. All teaher oah or shool representative must be identified for eah team. That individual will be the ontat for all ommuniation for the ompetition. D. All teams must register with the Riverside County Offie of Eduation by the designed registration deadline date and pay the required registration fees. E. In addition to registering with their ounty oordinator, all teams and team members must register on CRF s website, F. All team members must be eligible under shool distrit and state rules appliable to involvement in extraurriular ativities. G. All team members must be registered at the shool for whih they are ompeting. H. After the ounty registration deadline, no new team members may be added. After ompletion of the ounty ompetition, no new team members may be added to a team attending the State ompetition. I. The teaher oah or shool representative has an affirmative duty to verify eah team member s eligibility. Submission of the registration materials with Riverside County Offie of Eduation and online student registration on CRF s website onstitutes ertifiation that the status of eah partiipant has been verified. J. Shools are only allowed to field one team, unless they are fielding a seleted wild ard team as outlined in this rulebook under the Wild Card team setion. Rule. Team Composition A. A team may have between and team members, inluding alternates and supporting roles. The offiial team roster must be omposed of registered team members only. B. Teams are enouraged to use the maximum number of students allowable. C. Teams are enouraged to use the maximum number of student attorneys when possible.

9 A maximum of two () Pretrial Motion Attorneys one pretrial attorney for the defense and one pretrial attorney for the proseution. Pretrial attorneys may not serve as trial attorneys during the same round, but may serve as a witness. A maximum of three () Trial Attorneys for Proseution and a maximum of three () Trial Attorneys for Defense. It is highly reommended that different trial attorneys ondut the opening statement and the losing argument and that eah trial attorney ondut at least one diret examination and one ross-examination. D. Eah team partiipating will be responsible for presenting both the proseution and the defense side of the ase. Rule. Team Withdrawal A. Any team that withdraws from a loal or state ompetition will reeive a partial monetary refund only if the ounty oordinator is notified in writing by a date established by the oordinator, and if no date is speified, two weeks before the day of the first round of ompetition. o For the Riverside County ompetition, if a team withdraws from the ompetition from September through Deember, 0, 0% of the registration fee will be refunded. From January, 0, only % of the fee will be refunded. Rule. Wild Card Teams A. In the ase there are an uneven number of teams entering the ompetition, shools may volunteer to field a seond team as a wild ard team. From the shools that volunteer, a drawing will be held to selet the team that will ompete at the ounty level. B. The wild ard team ompetes throughout the entire ompetition. C. The registration fee for the wild ard team is waived. D. The wild ard team must be a ompletely separate team and students may not be moved from the regular team to the wild ard team or vie versa one the registration deadline has past. E. In the event a regular team drops before the ompetition begins, the wild ard team will not be eligible to partiipate. F. Teams from the same shool will not ompete against eah other in the first four rounds of ompetition, but an fae eah other in the Elite, Semi-Final, or Final round if both teams advane. Rule. Awards A. During rounds,,, and, a sportsmanship award will be presented during eah ourtroom. The opposing team may identify one student deserving of the award, and the student will be presented with a ertifiate on behalf of the team they are ompeting against. Nomination of the sportsmanship award to the opposing team member should be from the student team members rather than adult oahes.

10 B. At the Riverside County ompetition, Blue Ribbon awards are presented to students whose presentations during the ompetition are noteworthy and merit speial reognition. Attorney sorers make nominations during rounds,,, and of the ompetition. The Blue Ribbon nomination form is brought to the round by eah teaher oah, five opies on blue paper. The form identifies the student assigned to eah role. Blue Ribbon awards will be given as follows: Proseution Pretrial Attorney Defense Pretrial Attorney Proseution Attorney Defense Attorney Proseution Witness ( witness roles) Defense Witness ( witness roles) Clerk Bailiff Summer internships are provided by: the Riverside County Superior Courts for the top Outstanding Proseution Pretrial Attorney and the top Outstanding Defense Pretrial Attorney; the Riverside County Distrit Attorney s Offie for the top Outstanding Proseution Attorney; and Riverside County Publi Defender s Offie for the top Outstanding Defense Attorney. B. Golden gavel pins are presented to all students who reeive a Blue Ribbon nomination in rounds,,, or. C. Trophies are presented to the top four plaing teams. Individual medals will also be presented to eah member of the ounty s first, seond, and third plae teams. There will be two third plae teams rather than a third and fourth plae team. D. The Riverside County Offie of Eduation will pay the registration fee for the winning team to ompete at the California State Mok Trial Competition, and will provide a stipend of $,000 to support the team s expenses for partiipation at the state ompetition. E. The winning team will be responsible for expenses beyond the $,000 stipend, and are responsible for oordinating their travel arrangements and ompleting the state registration proess for the California State Mok Trial ompetition. Rule. The Case The Trial A. Case materials, prepared and provided by the Constitutional Rights Foundation, are provided to partiipating teams after they are released by CRF. Case materials are aessed eletronially by teams that have submitted the Intent to Partiipate form. The materials are the same for all shools ompeting in Mok Trial programs throughout the state. B. The ase materials ontain the soures for the Mok Trial Program. These soures inlude the fats, witness statements, all the pretrial materials, harges, exhibits, rules of evidene, stipulations, role desriptions, Mok Trial proedures, and California Mok Trial Simplified Rules of Evidene. C. The fat situation is a set of indisputable fats.

11 D. Stipulations may not be disputed at trial. E. Stipulations will be onsidered part of the reord and already admitted into evidene. F. Stipulations and harges will not be read into the reord. Rule. Physial Evidene A. The proseution team must bring to eah trial the physial evidene listed under the heading Physial Evidene in the ase materials. If the proseution team fails to bring the physial evidene to ourt, it may be refleted in soring. Exhibits an be opied diretly from the ase paket or downloaded from the online link. In either ase, the exhibits may not exeed ½ x inhes. No enlargements of the exhibits will be permitted. Exhibits may be reprodued in olor, however there may not be any alterations in olor of the exhibits (e.g. brightness, tone, et.). Teams are not required to bring olor opies of the exhibits. However if both teams bring exhibits to the trial and one is in olor, the trial will be onduted with the olor exhibits. (NOTE: Mok Trial teams are enouraged to aess and download olor images of exhibits from the CRF website for referene and for preparing expert witnesses for testimony, even if the teams reprodue blak-and-white images for use at trial.) B. Proedure for Introdution of Exhibits During the Mok Trial ompetition, the following proedure for introduing evidene is aepted pratie. All teams should be prepared to follow these steps and all presiding judges should allow students to utilize this proedure for the introdution of evidene during ompetition rounds:. The attorney wishing to use an exhibit will first show it to opposing ounsel.. Then attorney will ask for permission to approah the witness and will hand the exhibit to the witness.. The attorney will say, I now hand you what has been marked as Exhibit for identifiation.. Then attorney will ask the witness to identify the exhibit. Would you identify it please?. Witness answers with identifiation only.. Offer the exhibit into evidene. Your Honor, we offer Exhibit into evidene at this time.. The ourt will respond: Is there an objetion? (If opposing ounsel believes a proper foundation has not been laid, the attorney should be prepared to objet at this time.). Opposing Counsel: No, your Honor, or Yes, your Honor If the response is Yes, the objetion will be stated on the reord. President: Is there any response to the objetion?. Presider: Exhibit is/is not admitted. 0. If the exhibit is admitted into evidene, the attorney may now soliit testimony on its ontents.. As a reminder, all evidene will be pre-marked as exhibits and timekeepers will not stop keeping time during the introdution of evidene.

12 C. No other physial evidene will be allowed. All physial evidene and witnesses found in this ase, but not made physially available for trial, are unavailable and their availability may not be questioned. D. Proedures for introduing items into evidene are provided in the ase material. E. Whether a team introdues, uses, and moves the physial evidene into evidene is entirely optional, but all physial evidene must be available at trial for either side to use. F. Evidene should not be altered in any way. It is not permitted to mark on the exhibits. Any alterations to the exhibits may be grounds for disqualifiation from the ompetition. G. Illustrative aids of any kind are prohibited. H. The offiial diagrams establish only relative positions. Beause the sale (if any) is approximate, the diagrams annot be used to definitively establish distanes. The issue of distanes should be based on the witnesses testimony and is a matter of fat for presiders. Rule. Trial Communiation A. One the trial has begun, attorney oahes, teaher oahes, team members, and spetators may not talk to, signal, ommuniate with, or oah their teams. B. The only ommuniation allowed during the trial is between trial attorneys. C. The defendant may sit at the ounsel table and ommuniate with the defense attorneys. All ommuniation must be non-disruptive to the trial. D. After the pretrial, the pretrial attorneys may not sit with the trial attorneys and may not ommuniate with the trial attorneys at any time. E. One the trial has begun, there must be no spetator ontat with student team members, whether in the hallway or the ourtroom. F. Teaher oahes and attorney oahes are not to hold team meetings in the hallways of the ourthouse. G. The only note taking allowed during the trial will be the teaher and/or attorney oahes of the teams partiipating in their assigned ourtroom. Notes may not be shared with any other team. Rule. Witnesses A. Witnesses will be exused from the ourtroom at the beginning of the trial. One a witness is alled in to testify, he or she must remain in the ourtroom. (This rule is different at the State Mok Trial Competition. Witnesses remain in the ourtroom at State.)

13 B. Witnesses may not testify or respond to another witness testimony, unless otherwise stated in the stipulations. C. The fat situation, witness statements, stipulations, and exhibits are the offiial ase materials and make up the sole soure of information for testimony. D. Unless otherwise stated, attorneys may not soliit information from a witness that requires the witness to testify to information from another witness statement or information not inluded in their own statement. E. The witness statements ontained in the ase material should be viewed as signed statements made to the polie by the witnesses. Unless otherwise speified, a witness an be impeahed if she/he ontradits the ase material ontained in her/his witness statement or fat situation using the proedures as outlined in the ase material. F. Beause this is a mok trial, witnesses may not be treated as hostile witnesses. G. All witnesses must be alled in the allotted time. If the diret-examination attorney runs out of time without alling one or more witnesses, the diret-examination attorney and the witness will eah automatially reeive a sore of one (lowest possible sore) for eah witness not alled, and the ross-examination attorney will automatially be awarded five points for eah witness not alled. One the time allotted for witnesses has ended, diret examination attorneys may not all any other witnesses. H. Cross-examination is required for all witnesses. If the ross-examination attorney does not ross one or more witnesses, the ross-examination attorney will reeive a ross-examination sore of one (lowest possible sore) for the witnesses. I. Witnesses are not allowed to use notes while testifying during trial. 0

14 Rule. Unfair Extrapolation A. It is eah student s responsibility to work losely within the reord. B. An unfair extrapolation (UE) ours when a witness reates a material fat not inluded in his or her offiial reord. A material fat is one that would likely impat the outome of the ase. C. Witnesses may, however, make fair extrapolations from the materials. A fair extrapolation is one in whih a witness makes a reasonable inferene based on his or her offiial reord. A fair extrapolation does not alter the material fats of the ase. D. Unfair extrapolations are best attaked through impeahment and losing argument. They should be dealt with by attorneys during the ourse of the trial. (See Impeahment during Cross- Examination in the ase paket.) E. If a witness is asked information not ontained in the witness s statement, the answer must be onsistent with the statement and may not materially affet the witness s testimony or any substantive issue of the ase. F. Attorneys shall not ask questions alling for information outside the sope of the ase materials or requesting an unfair extrapolation. G. Attorneys for the opposing team may refer to this rule as a speial unfair extrapolation objetion. H. When a UE objetion is made, possible rulings by a presider may be one of the following: a. No extrapolation has ourred. Objetion overruled. b. An unfair extrapolation has ourred. Objetion sustained.. The extrapolation was fair. Objetion overruled. I. The deision of the presiding judge regarding extrapolations or evidentiary matters is final. J. Point dedutions(s) should be onsidered for individual sores of partiipants who make unfair extrapolations or ask questions that all for unfair extrapolations. Witnesses and attorneys making unfair extrapolations and attorneys who ask questions that require the witness to answer with an unfair extrapolation should be penalized by having a point or points deduted from their individual sores. K. The number of points deduted should be determined by the severity of the extrapolation.

15 Rule. Attorneys A. The proseution presents the opening statement and losing argument first. B. Attorneys may ondut a re-diret examination when appropriate. No re-ross-examination is allowed. Witnesses may not be realled to the stand. C. The attorney who onduts the diret examination of a witness is the only person allowed to make objetions to the ross-examination of that witness. The attorney who onduts the rossexamination of a witness is the only person allowed to make objetions during the diret examination of the witness. Points shall be deduted for objetions made by the wrong attorney. D. Attorneys may use notes while presenting their ases. E. The Mok Trial ompetition proeedings are governed by the California Mok Trial Simplified Rules of Evidene in the ase material. Only speified types of objetions will be reognized in the ompetition. Other rules may not be used at the trial. F. Legal motions not outlined in the offiial materials will not be allowed. G. There are no objetions allowed during opening statements, losing arguments, or post trial. (It will be the presider s responsibility to handle any legally inappropriate statements made in the losing, while sorers will also keep in mind the losing argument riteria.) Points may be deduted for objetions made during opening statements or losing arguments. H. There will be 0 seonds provided at the end of the pretrial and at the end of the trial for team members from eah team to onfer with the team s attorney oah and teaher oah to disuss any trial irregularities. I. If there are any irregularities regarding the rules of the ompetition whih a team would like the presider and sorers to be aware of, one member will have 0 seonds to orally note the irregularities to the ourt. Coahes may not diretly make arguments on behalf of the team. J. Teams arguing a violation of the rules must be able to point to speifi inident(s) of the misondut and be able to ite to the presider the orresponding violation in the team rulebook and or ase material. K. The presider will hear the alleged violation and rule on the violation. The presider s deision will be the final. L. If the presider determines a violation exists, the presider will diret the soring attorneys to take the violation into onsideration. The soring attorneys will use their disretion to determine individually how many points (if any) will be taken off their sore sheet. M. This rule should be used for substantial rule violations and should not to be used to argue additional points of law or rebut opponent s losing argument.

16 N. This time should not to be used to argue additional points of law or rebut opponent s arguments. Regarding questions of rule violations, the presider s deision will be final. O. It is solely the student attorneys responsibility to bring up a rule infration matter to the presiding judge s attention, inluding any mistakes and/or omissions made by the judge. Rule. Condut of the Pretrial Motion A. The defense will argue the pretrial motion first. B. Eah attorney arguing a pretrial motion has four minutes to present a statement and two minutes for rebuttal. During these proeedings, pretrial attorneys must be prepared to answer questions from the presider to larify their position(s). C. No objetions are allowed during pretrial arguments. Points may be deduted for objetions made during pretrial arguments. D. In order to present a position in the most persuasive manner, attorneys should arefully review and beome familiar with the materials provided in the Mok Trial ase materials. E. Additional bakground researh may supplement their understanding of the issues at hand, but suh supplemental materials may not be ited in arguments. F. No written pretrial motion memoranda may be submitted at trial. G. The pretrial motion, motions entering exhibits into evidene, and motion to strike testimony are the only motions allowed. All other motions are prohibited. Rule. Clerks/Timing A. The Mok Trial ompetition involves timed presentations. The lerk must bring a stop wath or other timing devie to eah trial. The time sheet is available on the CRF website and will be provided by Mok Trial staff in eah round of the ounty ompetition. B. At the Riverside County ompetition, verbal warnings shall be given by the lerk before the end of eah ategory. At the State Finals, teams must use the laminated time ards provided by CRF, whih will be distributed by the presider. The time ards must be returned to the presider after eah trial. The time ards will be printed with: minute minute 0 seonds Stop C. Modifiations of time intervals are not permitted.

17 D. Running of another team s time is not allowed. One team s unreasonable running of the opposing team s time is inappropriate. The sorers should dedut one () point from the offending witness sore, should they determine that a witness is trying to run the opposing team s time. In addition, the presider may admonish the witness. E. Eah team will have 0 minutes to present its ase, inluding the pretrial motion. Time limits for eah setion are as follows: Pretrial Motion ( minutes) Rebuttal ( minutes) Opening Statement/Closing Argument ( minutes) Rebuttal ( minute) Diret/Re-diret Examination ( minutes) Cross-Examination (0 minutes) F. The time will be stopped when: Witnesses are alled to the stand. Attorneys make objetions. Presider questions attorneys and witnesses. Presider offers their observations. G. The time will not be stopped if witnesses are asked to approah the diagram or for other physial demonstrations. Time will not be rounded off. H. Teams may divide: minutes for opening statement and losing arguments, minutes for diret and re-diret examination, and 0 minutes for ross-examination as desired. (The time may be utilized however they hoose, but the maximum allowable totals for eah setion must be observed.) I. One minute is automatially reserved for rebuttal at the onlusion of losing argument. Only issues that were addressed in an opponent s losing argument may be raised during rebuttal. Formal reservation of rebuttal time is not required. J. During the ounty ompetition, verbal warnings of two-minute, one-minute, and 0 seond must be given before the end of eah setion. The lerk will stop students (both visually and verbally) at the end of the allotted time for eah setion. Thus, there will be no allowane for overtime. K. Any member of the team presenting defense may serve as an unoffiial timer. This unoffiial timer must be identified before the trial begins. To avoid timing issues, both the offiial and unoffiial timers must sit next to eah other during the trial. L. If timing variations our of seonds or more at the ompletion of any task during the trial, the timers will notify the judge immediately that a time disrepany has ourred. Any time disrepanies less than under seonds are not onsidered a violation. No time disrepanies will

18 be entertained after the trial onludes. The judge shall determine whether to aept the lerk s time or make a time adjustment. M. At the end of the pretrial motion and the trial, the lerk will time the 0-seond rule. N. Objetions to the auray of the time at eah point in the trial an only be made at that time. If there is no objetion, the time to that point will be presumed to be orret. O. If an objetion is made, the presiding judge will diret the lerk to review the time reord and onfirm whether or not an error has been made. If an error has been made, it will be orreted at that time. If the lerk onludes that the time as indiated is orret, the trial will proeed on that basis. P. There will be no speifi point dedution for irregularities in timing, although the soring attorneys should take this into aount in soring the performane of the lerk. Rule. Rule Interpretation Rules A. The presider is the ultimate authority throughout the trial. If there is a rule infration, it is solely the student attorneys responsibility to bring the matter to the presider s attention before a verdit is rendered. B. There will be no benh onferenes allowed. C. The presider will determine if a rule was, in fat, violated. Her/his word is final. D. The bailiff must have a opy of the rules of ompetition and ase materials for referene. E. Unless a speifi point dedution for a partiular infration is provided in these rules, eah sorer will determine the appropriate amount of dedution individually. F. These rules are designed to introdue the proedures of law to partiipants and to foster good sportsmanship. Interpretations of the rules should be guided by ommon sense. G. Arguing for hyper tehnial interpretations of the rules, espeially when designed to embarrass others, is prohibited. Rule. Finality of Deisions Judging and Team Advanement A. All deisions of the presider and soring attorneys are final. No exeptions.

19 Rule. Judging Panel A. The judging panel will typially onsist of to soring attorneys. The Elite, Semi-Final, and Final rounds of the ounty ompetition will have five sorers. B. At the State Finals, the soring panel may onsist of people with substantial Mok Trial oahing/soring experiene, law students, paralegals or attorneys. There will be at least one attorney on eah soring panel. The presider shall be either an attorney or judge. C. Attorney oahes annot serve as soring attorneys or presiders if their team is still ative in the ompetition. D. In order to give more attention to presentations, arguments, and objetions, at the ounty level the presiding judge will not sore. The presiding judge will rule on the pretrial motion, preside over the trial, deide questions of rule violations, and deliver the guilty or not guilty verdit. Rule. Evaluation A. Eah soring attorney will use the evaluation and soring riteria to assign a numerial value (-0) to individual team presentations. Note that losing and pretrial arguments are weighted three times more than other ategories, and opening statement is weighted twie as muh as other ategories. (Sample sore sheet provided in this doument.) B. At the end of eah round, the presiding judge will announe the verdit (guilty or not guilty). Rule. Soring A. Students are to be rated on the 0-point sale for eah ategory aording to the riteria appropriate to eah presentation. The lowest possible sore that an be given is a one. B. Soring attorneys should onsider a as a starting point and move up or down based on the presentation. C. Soring attorneys must award points individually and not with onsultation from other soring attorneys. D. Some sores are weighted and therefore an affet a team s sore more dramatially. These inlude the pretrial motion (x), opening statements (x) and the losing arguments (x). E. The soring attorneys are soring the individual presentation in eah ategory. F. The soring attorneys are not evaluating the legal merits of the ase. G. Team sores for rounds,,, and will be released to teaher oahes via the day after eah round. H. The win/loss of eah team will also be released to teaher oahes.

20 I. Team sores will not be released for the Elite, Semi-Final, or Final rounds of ompetition. J. As a matter of poliy, sore sheets will not be released to shools. The hampionship team will reeive their final round sore sheets the week following the final round. K. No ritiques will be given to the teams after the ompletion of eah round. However, presiding judges, soring attorneys, and students may remain after eah round to disuss individual performanes. Rule. Rankings and Ties A. Round one assignments will be random within the region where eah team is ompeting. Sores for Round will be used in aggregate sores. Round two, three, and four assignments will be based on a power mathing system. B. In Round, Round proseution beomes Round defense and vie versa. Teams will not go against same team as in Round. Power math will be based on win/loss reord, subjet to numbers and above. C. In Round, teams will not go against the same team as in Rounds or. Power math is subjet to this fator. D. In Round, proseution in Round will be defense in Round and vie versa. Teams will not go against same team as in Rounds,, or. Power mathing is subjet to these fators. E. Team rankings are based on the win-loss and perentage system in an effort to eliminate the artifiial highs and lows inherent in any numeri soring system. The top ranked team will play the lowest ranked team in eah braket; the seond ranked team will play the next to the lowest ranked team in the braket, et., subjet to the various rules of ompetition. F. In an event of a tie, the winning team will be determined by the offiial presider tie breaker ballot. G. Eah team will ompete in at least four rounds of ompetition. After four rounds, the top eight teams will ompete in the Elite round. H. Based on win/loss and umulative sores, the teams are ranked through. Teams will be mathed using the basketball tournament method, vs., et. I. The Semi-Final round will inlude the top four teams. J. The Final round of ompetition will inlude the top two teams. The winning team will represent Riverside County at the California State Mok Trial Competition. K. During the Elite, Semi-Final, and Final round, if the teams are meeting for the first time, the higher seeded team will swith sides from the previous round. If the teams have met one before, they will reverse the roles of proseution/defense. If the teams have met twie, a oin flip determines proseution/defense.

21 L. Elite, Semi-Final, and Final round soring is based on a team winning, losing, or tieing on eah sore ard. The team that wins the majority of the soreards (exluding ties) is the winner. In the event of a tie (sores are -- or --), the presiding judge deides the winning team. M. To determine the final ranking of teams, the teams will be ranked first by the most wins and seond by the highest umulative perentages. Strength of shedule will not be a fator in determining the top eight teams.

22 Summary of Pretrial Motion Proedures Presiders are enouraged to hallenge the attorneys with questions about the ase law during pretrial arguments. No objetions are allowed during pretrial arguments. Points may be deduted for objetions made during pretrial arguments. The hearing is alled to order. The presider asks the defense to summarize the arguments made in the motion. The defense has four minutes. The presider may interrupt to ask larifying questions. The time spent answering the presider s questions is not inluded in the four-minute time limit. The presider asks the proseution to summarize the arguments made in the motion. The proseution has four minutes. The presider may interrupt to ask larifying questions. The time spent answering the presider s questions is not inluded in the four-minute time limit. The presider offers the defense two minutes of rebuttal time. The rebuttal time is used to ounter the opponent s arguments. It is not to be used to raise new issues. The presider offers the proseution two minutes of rebuttal time. At the end of the oral arguments, before ruling, the presider asks students if they would like 0 seonds to onsult with teaher/attorney oahes regarding any trial irregularities. The presider will rule on the motion and begin trial.

23 Summary of Trial Proedures Attorneys present physial evidene for inspetion. Presider states harges against defendant. Proseution delivers its opening statement. No questioning during opening statements. Defense may hoose to deliver its opening statement at this point or may wait to open after the proseution has ompleted its ase in hief. Proseution alls its witnesses and onduts diret examination. After eah proseution witness is alled to the stand and has been examined by the proseution, the defense ross-examines the witness. After eah ross-examination, proseution may ondut re-diret examination of its own witnesses if neessary. After proseution presents all its witnesses, defense delivers its opening statement (if it did not do so earlier). Defense alls its witnesses and onduts diret examination. After eah defense witness is alled to the stand and has been examined by the defense, the proseution ross-examines the witness. After eah ross-examination, defense may ondut re-diret examination of its own witnesses if neessary. Proseution gives its losing argument, and then defense presents its losing arguments. No questioning during losing arguments. Proseution and defense present rebuttal arguments. At the end of the trial before ruling, the presider asks students if they would like 0 seonds to onsult with their teaher/attorney oahes regarding any trial irregularities. Presider deliberates and announes verdit in ourt. 0

24 Evaluation Criteria Pretrial Motion (X) Clear and onise presentation of issues and appropriate use of ase Solid understanding of legal reasoning behind the arguments. materials. Responded well to presider s questions and maintained Well-developed, reasoned, and organized arguments. ontinuity in argument. Effetive rebuttal ountered opponent s argument. Opening Statement (X) Provided a ase overview. Theme/theory of the ase was identified. Overview of key witnesses and their testimony. Introdution of attorneys. Outlined burden of proof. Request for relief (what the side is asking the ourt to deide). Mention of appliable law or statutes to be overed. Diret/Re-Diret Examination Questions required straightforward answers and brought out key Attorney made effetive objetions to ross-examination information for her/his side of the ase. questions of her/his witness when appropriate. Attorney properly introdued exhibits and, where appropriate, properly Attorney did not make unneessary objetions and used only introdued evidene as a matter of reord. those objetions listed in the Summary of Evidentiary Attorney properly phrased and rephrased questions and demonstrated a Objetions. lear understanding of trial proedures. Throughout questioning, attorney made appropriate use of time. Responded to objetions utilizing rules of evidene or the rules of Attorney avoided leading questions. ompetition. Did not ask opinion questions unless witness is an expert. Cross-Examination Attorney made effetive objetions to diret examination (of the witness Attorney properly phrased and rephrased questions and she/he ross-examined) when appropriate. demonstrated a lear understanding of trial proedures. Used narrow questions that suggested a yes or no answer and did not Attorney exposed ontraditions in testimony and weakened the allow the witness to provide a narrative explanation. other side s ase. Responded to objetions utilizing rules of evidene or the rules of the Impeahed the witness without appearing to harass or ompetition. intimidate him/her. Referred to witness testimony and followed rules for showing the testimony to the witness. Witnesses Witness was believable in her/his haraterizations and presented Witness testified to key fats in a onsistent manner and avoided onvining testimony. irrelevant omments. Witness was well prepared for answering the questions posed to her/him Witness did not disrupt the trial with unreasonable inferenes. under diret examination and responded well to them. Played up the strengths of his/her statements and adequately Witness responded well to questions posed under ross-examination explained the weaknesses. without unneessarily disrupting or delaying ourt proeedings. Did not use notes. Witness understood the fats. Sounded spontaneous and not memorized. Did not wear a ostume. Closing Arguments (x) Attorney s presentation ontained elements of spontaneity and was not based entirely on a prepared text. Attorney inorporated examples from the atual trial, while also being areful not to introdue statements and evidene that were not brought out during the trial. Outlined the strengths of his/her side s witnesses and the weakness of the other side s witnesses. Clerk Present and puntual for trial. Performed her/his role so that there were no disruptions or delays in the presentation of the trial. Bailiff Present and puntual for trial. Performed her/his role so that there were no disruptions or delays in the presentation of the trial. Asked for the verdit, inluding a request for relief, and explained why the verdit was justifiable. Attorney made an organized and well-reasoned presentation summarizing the most important points for her/his team s side of the ase. Effetive rebuttal ountered opponent s arguments. Reviewed the exhibits and how they helped the ase. Stated the appliable law or statutes and how they supported the side s theory. Conduted herself/himself professionally without attrating any unneessary attention. Properly used verbal and visual time warnings. Conduted herself/himself professionally without attrating any unneessary attention. Knowledgeable about sript and role in trial and followed sript.