A Guide to Your First Mock Trial

A Guide to Your First Mock Trial

Opening Statement (Begin with some kind of hook or story to make the jury interested in your statement.) Good morning ladies and gentlemen of the jury. My name is and I am representing (name of the defendant, plaintiff, or state if you re the prosecution) in the case today. I am here to prove that. The facts of the case are simple. Write the details of the story. Be very clear. Remember, the jury knows nothing. What happened? What is your theory? Argue your case. Why should we care? Today you will hear from our three witnesses,,, and. The first witness will be. He/she will tell you (Be specific! What exactly will he/she tell the jury?). The second witness will be. He/she will tell you (Be specific! What exactly will he/she tell the jury?). The third witness will be. He/she will tell you (Be specific! What exactly will he/she tell the jury?). Your job today is to (give instructions to the jury about what they are responsible for doing). After hearing the testimony and evidence you should find the defendant, (Guilty/not guilty? Liable/not liable?). Thank you for your time and consideration. Direct Examinations 1. Direct examinations are conducted by the attorneys of their own witnesses. 2. Questions should make the witness seem trustworthy and in control (with practice!). 2

3. Questions cannot be leading! (They can be yes/no, as long as it s not leading.) 4. Begin by saying, Your honor, I d like to call to the stand. 5. Begin your direct examination with introduction questions. Examples: a. What is your name? What is your occupation? Where do you live? b. OR Say, Please introduce yourself to the jury. c. If the witness is an expert, ask about their qualifications (job, schooling, etc). 6. Ask questions in chronological order (or by theme or event). Allow the witnesses to tell the story and what happened. 7. Include physical evidence or documents in your direct examination to support your points. (See below.) Example of Direct Examination: Question What is your name? Where do you live? What is your occupation?... What happened on May 14th? What happened when you arrived? Do you know Jeremiah Birch? Is the person sitting in the courtroom? What happened next? Evidence Terry Hunter Woodhaven Police officer I got a call about a disturbance at 364 Maplewood Lane. I saw Jeremiah Birch walking out of the house saying that there was a terrible accident. Yes. Yes. He s over there. I walked in the house and saw two women standing over a man. Etc... Introducing Physical Evidence 1. Your honor, may I approach the witness with what has been marked as Exhibit. 2. Show evidence to opposing counsel. 3. Would you please identify this document? 4. Ask witnesses questions about the piece of evidence. 5. Your honor, we offer Exhibit into evidence. 6. The judge will ask opposing counsel if there are any objections. Cross Examinations 1. Cross examinations are conducted on the other side s witnesses. 2. They should show that the witness is: a. Not trustworthy, 3

b. Does not know or did not see everything, c. Has something to hide, or d. Knows that it is possible there s another explanation for the events that happened. 3. Questions should be leading yes or no answers. Don t allow the witness to talk too much or explain. 4. Don t ask questions that begin Why? How? Explain? 5. Be polite, but assertive. 6. If the witness does not give the answer you re expecting, be prepared to impeach. (See below.) 7. Only ask questions you absolutely know the answer to. 8. Ask short questions and talk slowly. 9. Instead of interrupting the witness and saying, A yes or no answer is sufficient, allow them to answer but your next question should be, So that s a yes/no, correct? Example of Cross Examination 1. You had had trouble in school before this, hadn t you Mr. Jones? 2. And no one forced you to steal Mrs. Jordan s phone, did they? 3. So you alone would be responsible for your actions, correct? 4. Drawing your attention to when they found the phone in your locker, you told the principal that you had never seen the phone before, correct? 5. But that wasn t true, was it Mr. Jones? 6. You had seen the phone when Mrs. Jordan showed it to your class, correct? 7. You have changed your story several times, haven t you Mr. Jones? 8. And you expect us to believe you know? 9. No further questions, Your Honor. Impeaching a Witness **The witness makes a mistake or gives a wrong answer.** 1. First, repeat the question and ask Are you sure? (No need to impeach if they will change their answer.) 2. If they still stick to their answer, ask, Did you write a sworn affidavit? 3. Were you truthful in this affidavit? 4. If it pleases the court, I would now like to read from page # in your sworn affidavit. 5. Read the information from the witness s affidavit which contradicts what they are saying. 6. So let me ask the question again (and you may need to rephrase the question). Closing Arguments 1. Thank the jury for being here today and giving up their time to listen carefully to the evidence and witnesses. (Can save this until the end if you prefer.) 4

2. Begin with a hook to keep them interested. 3. Make three main points a. List and explain the three strongest points or pieces of evidence you presented. b. Talk about what the evidence and witnesses showed. c. Save the strongest evidence for the end. 4. Answer questions early a. If there s any evidence that looks bad for you, explain that away early (and bury it under the strengths). b. Tell them why they aren t really problems. 5. Point out the weaknesses on the other side. 6. Finish by reiterating your theory and what you want the jury to remember. 7. Explain the burden of proof (who is responsible for proving their case?). 8. End with a punch this is your last chance to sell it! **NOTE: You must stick to the evidence presented in trial.** Script Skeleton Bailiff : All rise. Carnage Central Court is now in session, the Honorable Judge presiding. Judge : Good morning, Ladies and Gentlemen. Calling the case of vs. 5

. Members of the jury, your duty today will be to determine where the defendant is guilty or not guilty (or liable/not liable) based only on facts and evidence provided in this case. The prosecution/plaintiff has the burden of proving the guilt (liability) of the defendant beyond a reasonable doubt. Is the prosecution/plaintiff s attorney ready? Prosecutor/Plaintiff s Attorney : ( Stand up ) Yes, Your Honor. Judge : Is the defense ready? Defense Attorney : ( Stand up ) Ready for the Defense, Your honor. Judge : Attorney for the State/Plaintiff, you may proceed with your opening statement. Prosecutor/Plaintiff s Attorney : ( Read opening statement. ) Defense Attorney : ( Read opening statement.) Judge : Prosecution/Plaintiff s Attorney, you may now call your first witness. Prosecutor/Plaintiff s Attorney : Thank you, Your Honor. I call to the stand. Bailiff : ( To the witness. ) Raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? Witness : I do. ( Prosecutor/Plaintiff s Attoney asks direct examination questions. ) Prosecutor/Plaintiff s Attorney : ( When finished ) No further questions, Your Honor. Judge : The defense may cross examine the witness. ( Defense attorney asks cross examination questions. ) Defense Attorney : ( When finished ) No further questions, Your Honor. Judge : ( To the witness. ) You may step down. ( To the prosecutor/plaintiff s attorney ) Prosecution/Plaintiff s Attorney, you may call your next witness. ( The procedure continues for all three of the Prosecution s/plaintiff s witnesses. ) 6

Prosecutor/Plaintiff s Attorney : ( After final witness. ) The prosecution/plaintiff rests its case, Your Honor. Judge : Defense, you may now call your first witness. ( The procedure is the same for the defense s three witnesses.) Defense Attorney : ( After final witness. ) The defense rests its case, Your Honor. Judge : Both the prosecution/plaintiff and the defense have now rested their cases. The attorneys will now present their final arguments. Please remember, what the attorneys say is NOT evidence. However, do listen closely. They are intended to aid you in understanding the case. Prosecution/Plaintiff, you may begin. Prosecutor/Plaintiff s Attorney : ( Read closing argument. ) Judge : Defense, you may now proceed with your closing argument. Defense Attorney : ( Read closing argument.) Judge : Members of the jury, you have heard all of the testimony concerning this case. It is now up to you to determine the facts. You and you alone, are the judges of the fact. Once you decide what facts the evidence proves, you must then apply the law as I give it to you to the facts as you find them. ( Read laws that apply to the case. ) In just a moment, the bailiff will take you to the jury room to consider your verdict. One of the first things you will want to do is to select a foreperson that will preside over your deliberations the way that a chairperson does at a meeting. Whatever verdict you render must be unanimous. That is each and every person must agree on the same verdict. The Bailiff will now escort you to the deliberation room. Rules of Evidence Leading Questions Questions may not suggest the answer desired by the questioner, usually a yes or no (but not always). 7

Hearsay Hearsay is something the witness has heard someone else say outside the courtroom. Hearsay is allowed if the witness in a witness in the trial. Opinion Unless a witness is an expert in the field, they cannot give their opinion about something in the field. Opinions are allowed if it s common knowledge. Relevance All questions and answers must relate to the subject matter in the case. First Hand Knowledge Witnesses must have directly seen, heard, or experienced whatever it is they are testifying about. Narration Witnesses cannot narrate the story. Testimony must consist of questions and answers. Assuming Facts Not In Evidence An attorney may not ask a question that assumes unproven facts; however, an expert witness may be asked a question based upon stated assumptions, the truth of which is reasonably supported by the evidence (sometimes called a hypothetical question ). Argumentative Questions An attorney shall not ask argumentative questions. Asked and Answered Questions cannot be repeated over and over, harassing the witness. If the witness answered the question, you cannot ask the question again. 8