Tips on Making a Successful Mock Trial

Semifinalists 2008

Etiquette 101: How to Look, Speak, and Stand

• Appearance• Posture & Gestures of

Attorneys & Witnesses• Ticks• Supplies• Be Open-minded• Speech Corrections• Eye Contact• Avoid Nerves• Professionalism

Opening Statement

Structure of an Opening-• Introduce yourself, your co-counsel, and your client • Must contain the story of the events told from the

perspective of the presenting party opponents • Have to have a theory of the case ( jealousy, anger, etc.)

a Motive • Pros- Usually says,” Keep an open mind and listen to all

sides of the case” and also says that they have as the pros, a burden of proof, and that they will meet that Burden. Treat witness as “The defendant” or “Mr. /Mrs. So-and-So”

• Def- Remind Jury of the Victim, humanize the Victim, and solemnly beseeches the judge/ jury to find the victim innocent in favor of justice.

The Rules of Asking Questions• Direct questions:

– Evoke a set of facts from a witness – Get the witness to tell a story – Deal with “What,” “When,” and “How”– Are the foundation of Direct Examination– Establish credibility of the witness

Note: Be prepared to rephrase the question!• Leading Questions:

– Aggressive questions– Give the Attorney the command over the witness– Start with “Did you,” “Isn’t it true…?” – Require a Yes or No answer.

Objections !

Always stand up to object. Always object before the question has been

answered so listen to the question! If the question is answered as the judge to “strike the question and remove it from the record”

You cannot object during openings/closings. Once they are done though you can say “your Honor, if I had been permitted to object I would have objected to…and state them.”

Object, object, object! It throws off the other team. Only stop if the judge gets annoyed.

Always have your list of objections in front of you when you are listening to a direct or cross.

Objections ! Ambiguous– What??? Witness and/or objecting lawyer can’t figure out question. Asked and Answered– Did you kill him? Did you kill him?

Stops Repetitive Questions Argumentative– Lawyer asks the witness to agree to a

conclusion without any testimony to support it. Assumes Facts Not in Evidence– Lawyer compels witness to

agree to assumed facts such as rumors. Calls for Speculation– The witness must guess in order to

answer. How high fast was the car going? Calls for Opinion– Requires the witness to give their opinion

(only experts can do this?) “So you think Pepito is guilty?” Lack of Personal Knowledge– Asks that the witness discuss

something they know nothing about. Compound Question-- Two questions for the price of one.

Objections ContinuedObjections Continued IrrelevantIrrelevant—The question is unconnected with the case; “so how about them —The question is unconnected with the case; “so how about them

dolphins?”dolphins?” LeadingLeading—The attorney hints at the answer he/she desires. The witness cannot —The attorney hints at the answer he/she desires. The witness cannot

be hinted or led towards any “right” or “wrong” answer. This is only allowed be hinted or led towards any “right” or “wrong” answer. This is only allowed on cross-examination. on cross-examination.

Improper foundationImproper foundation—Proper procedures are not followed throughout —Proper procedures are not followed throughout presentation of evidence, impeachment of witness, etc. presentation of evidence, impeachment of witness, etc.

Non-responsive answerNon-responsive answer—The witness diverges from the question or is —The witness diverges from the question or is incapable of answering it. Questions must be clear and appropriate for the incapable of answering it. Questions must be clear and appropriate for the competence of witness. competence of witness.

Improper character testimonyImproper character testimony—Judgment of character or reputation of a —Judgment of character or reputation of a witness is not allowed. This criticism is improper when it is not an issue in the witness is not allowed. This criticism is improper when it is not an issue in the case. case.

Unfair extrapolationUnfair extrapolation—When something is introduced outside the statement of —When something is introduced outside the statement of facts of the case. facts of the case.

Golden RuleGolden Rule—Do not place the jury in a biased position. “ If you were the —Do not place the jury in a biased position. “ If you were the victim…”victim…”

Hearsay—Hearsay—No gossip; no rumors. No gossip; no rumors. RememberRemember: you want the jury to hear THAT : you want the jury to hear THAT witness’s statement, not what others outside of the court have to say or have witness’s statement, not what others outside of the court have to say or have said to him/her. Anytime you hear “she/he told me” or “what did she /he tell said to him/her. Anytime you hear “she/he told me” or “what did she /he tell you” Object!!!you” Object!!!

How to Cross Examine Without Crossing the Line

• Establish Control in the Courtroom

• Ask Questions Consecutively• Maintain Eye Contact• Do Not Insult or Batter the

Witness• Stay at least 3 feet away from

the Witness Stand

The Drama of the Witness

Witness- How to be a Good Witness!• Confidence is the key to success! • Know your Affidavit by Memory • Know the facts of the case • PLAY YOUR ROLE • Look alive, if you can be an intimidating witness, it will

hurt the other team • Remember witnesses cannot give their opinions on

anything, only expert witnesses can • Always listen to your lawyers, eye contact is a MUST! • Act professional, and DO YOUR BEST!

Introducing Evidence

• When entering evidence into a case, the piece of evidence must be relevant to the case in some way.

• Always be ready to defend your evidence just in case the other side has a problem with it (a.k.a. objection).

The Process:• Mark the evidence for identification.• Show it to the opposing council and be prepared to

argue in case they raise an objection.• Ask your witness questions regarding to your piece of

evidence.• Ask the court to admit the evidence.

The Art of the Closing Argument

Where you re-cap the facts and the events of the case.

Never state any new facts in the Closing.

Final chance to capture the jury.

Must be confident, clear spoken, and establish a strong presence.

Body language: eye contact, hand motions, standing straight.

Strong Ending.

Things to Remember “Your Honor, my name is _____, the prosecutor

representing the People of the State of Florida in this action.”

“Your Honor, I ask that this item (describe) be marked for identification as Exhibit # ____.”

“Your Honor, I would like to call (name of witness) to the stand.”

“Your Honor, at this time, I would like to tender (name of witness) as an expert in the field of _____.”

“Your Honor, may I approach the witness?” “Your Honor, I ask that the statement be stricken from

the record!” Thank you, Mr./Ms. _______. That will be all, Your

Honor.”