• All students should read the entire set of materials and discuss the information/procedures and rules used in the Mock Trial Program.
• The facts of the case, witnesses' testimony, and the points for each side in the case then should be examined and discussed. Key information should be listed on the chalkboard as discussion proceeds so that it can be referred to at some later time.
• Even though a team has to represent only one side in the case during any single trial, all roles in the case should be assigned and practiced. This will help in practicing the case as well as in preparing for future trials.
• Schools should designate alternates for both students and teacher-coaches in order to be prepared for unexpected illness or absence.
• The credibility of the witnesses is very important to a team's presentation of its case. Experience has shown that close decisions in the trial enactments often hinge on individual's differences in witness performance. Therefore, students acting as witnesses really need to "get into" their roles and attempt to think like the persons they are playing. Students who are witnesses should read over their statements (affidavits) many times and have other members of the team or their class ask them questions about the facts until they know them cold.
• Teams should allow their students to prepare their own questions, with the teacher-coach and attorney-coach giving the team continual feedback and assistance on the assignment as it is completed. Based on the experience of these practice sessions, attorneys should revise their questions and witnesses should restudy the arts of their witness statements where they are weak.
• Opening statements also should be prepared by team members. Legal and/or non-legal language should be avoided where its meaning is not completely understood by attorneys and witnesses.
• Closing arguments should not be totally composed before trial, since they are supposed to highlight the important developments for the plaintiff/prosecution and the defense which have occurred during the trial. The more relaxed and informal such statements are, the more effective they are likely to be. Students should be prepared for interruptions by judges who like to question the attorneys, especially during closing arguments.
• As a team approaches the date of its first trial, it is required that the team conduct at least one complete trial as a kind of dress rehearsal. All formalities should be followed and notes taken by the teacher-coach and students concerning how the team's presentation might be improved. A team's attorney-coach should be invited to attend this session and comment on the enactment.
• The ability of a team to adapt to different situations is often a key component in a mock trial enactment, since each judge or lawyer acting as a judge has his/her own way of doing things. Because the proceedings or conduct of the trial often depend on no small part on the judge who presides, student attorneys and other team members should be prepared to adapt to judicial rulings and requests.

1. Have students brainstorm the order of events in a mock trial and list them on one side of the blackboard. On the other side of the board, list the steps in a mock trial as they actually occur, noting any errors or omissions in the students' list as you do so.
2. Once the whole trial process has been introduced, have students make a list or brainstorm and write on the board the steps in a trial, first from the plaintiff/prosecution's point of view, (e.g., opening statement, direct examination of P/P's witnesses, cross-examination of defense witnesses and closing arguments). Do the same from the defense perspective.
3. Have students check newspapers and magazines for articles that mention a trial that is currently being conducted. Paste the articles to a large sheet of paper with the trial step that is mentioned in the article written in large letters at the top of the sheet. Have students post these around the classroom in their proper order.
4. Have students become familiar with the steps in a trial, the physical layout of a courtroom and the participants in a trial.
5. A courtroom visit is a good idea at this point (or after the group has begun working on the trial). Hold a debriefing session during the class period following the visit and/or have students write: What part(s) of the trial did you observe? What happened before the part(s) you observed? What happened in the trial after your left? List these on the board with the step of the trial that your group observed in the middle, and the "before" and "after" lists on either side.
6. Students should be instructed to watch a television program or see a movie having to do with a trial. Then they can discuss what the case was about, what parts of the trial they observed and whether the depiction of the trial procedure was accurate and realistic.
7. Invite a trial attorney or judge to the class to review basic trial procedure and describe different types of litigation, such as arbitration hearings, worker's compensation hearings, school board hearings and juvenile proceedings. Have the students discuss how and why do they differ from the basic civil and criminal trial procedure.
8. After general trial procedure has been covered in class, distribute the mock trial materials that you plan to use and have the students read them thoroughly. At this point you can either assign the roles of the various trial participants or wait until you have covered the rules of evidence. (This also helps ensure that students will read all of the trial materials, instead of just reading those for their parts or sides of the case.)

1. Rules of the Program All teachers and teams are expected to adhere to the rules, facts, law and all other materials provided in the Mock Trial Competition Case Materials. Please read the rules before doing anything else.
2. Role Assignments Team members should be strongly encouraged to select roles based on their interests and abilities, not on the basis of any gender or cultural stereotypes which might be drawn from the characterizations in the fact pattern. Note that witnesses may be played by males or females.
3. Team Preparation Attorneys also will help coach each team. Teams should prepare both sides of the case and are strongly urged to arrange and conduct preliminary mock trials prior to meeting another school in the competition.
   
   Mock trials only require one attorney to act as the presiding judge Your attorney coach may be able to help you obtain use of a courtroom, but classrooms or other facilities may also be used.
4. Education Education of students is the primary goal of the Mock Trial Competition. Healthy competition helps to achieve this goal. However, teachers are reminded of their responsibility to keep the competitive spirit at a reasonable level. The reality of the adversary system is that one party wins and the other loses, and teacher should be sure to prepare their teams to be ready to accept either outcome in a mature manner. Teachers can help prepare students for either outcome by placing the highest value on excellent preparation and presentation, rather that winning or losing the trial.
5. Observers Other classes, parents, and friends of the participants are welcome at attend the trials, but keep in mind that many courts have limited seating available and may have capacity issues.
6. Arrival times Teachers are responsible for getting their teams to the assigned courtroom 15 minutes prior to the starting time of the trial.

1. While the Massachusetts Bar Institute is available to help locate an attorney to coach a team entered in the competition, you, as a local teacher, are often the best judge of a suitable person to assist your team. Possible sources include: parents or relatives of students, alumni, acquaintances, local law firms, county attorney's office, school board members or local judges. (If you are unable to find an attorney to work with your team, contact the Mock Trial Program office at the MBA.)
2. Since attorneys have time limitations, they should be used as consultants when their expertise is needed but do not need to be present at all team activities or practices. As a consultant, the attorneys should advise students, but should not author any portion of the team's trial materials.
3. Contact your attorney coach as soon as possible to:

• Invite him/her to attend the teacher's orientation in your area.
• Provide him/her with a copy of the mock trial materials so s/he can become familiar with the case problem and rules of competition, evidence and procedure.
• Discuss meeting times and places with students.
• Discuss the case and the attorney's suggestions regarding strategy and arguments for both sides.

1. Have the students learn the statement of facts and witness statements (in affidavits) as thoroughly as possible. You might try having the students quiz each other - one student looks at the facts and affidavits and asks the other student(s) questions; then reverse roles.
2. Try brainstorming with your students to elicit factual arguments for both the plaintiff/prosecution and the defense; i.e., which facts support the plaintiff's/prosecution's case and which facts support the defendant's case?
3. Have students try to string facts together to make a logical assumption about the case.
4. Have students read through the procedures for trial of civil/criminal cases, the simplified rules of evidence, and the mock trial rules. Discuss with your students and be sure to write down any questions they have for your attorney coach. For rules clarification, contact the Mock Trial Coordinator at the MBA.
5. Conduct lessons designed to familiarize students with the court system and civil or criminal procedure. It will help your team if they observe a real trial before the mock trial. Contact the clerk of the district court in your county to find out when a trial is scheduled at the courthouse. The public is invited to attend these trials.

1. Knowledge of the facts, procedures, and mock trial rules.
2. Establishing a case strategy. The entire team should work together on this process. You should be sure that the attorney understands that his/her role is to serve as a consultant to the students, not as a director or decision-maker for the team. The team members must be the ones who develop their own strategy for presenting the case.

1. Identify strengths of your case. These are the points and issues you will want to develop.
2. Identify critical weaknesses of your side and prepare a counter-argument for them.
3. Be sure all of your strategies are integrated. You should work as a team during the course of the trial. You must always know where you are headed.
4. Brainstorm to identify possible holes in your strategy so that there are no surprises. You must be prepared to cope with the unexpected.
5. Identify a key witness that you will want to exploit during cross-examination.
6. Realize that you don't necessarily need to use all of your allotted time if your strategy has been achieved.
7. While it is not necessary for mock trial purposes, you may wish to research cases cited as references in order to better understand the trial.
8. Other considerations:

1. Which order to call witnesses
2. Physical position in the courtroom
3. How to use time wisely
4. How to handle surprises

9. How to present the opening statement and closing argument, and what information each should contain. (Again, remember that the coaches may give the students ideas, but should not write the statements for them.)
10. Questions to ask on direct and cross-examination of all plaintiff/prosecution and defense witnesses.
11. How to present a closing argument and what it should contain.
12. How to avoid asking objectionable questions and what to do if one of your questions is objected to.
13. How and when to object to the opposition's questions.
14. How to introduce exhibits and offer them into evidence.
15. Understanding and practicing courtroom decorum and good sporting behavior.

1. Practice the trial in full, including direct and cross-examinations, in front of your attorney coach or another local attorney or judge who is willing to sit in and offer suggestions.
2. Set up an invitational round (scrimmage) with another school, to give teams the full flavor of participating in a mock trial. Arrange for a local attorney or judge to preside, and conduct the trial in a courtroom setting, if possible.
3. Observe a real trial in county or district court.

1. If teacher has not already done so prior to the first meeting, distribute case materials and instruct the team to read them before the next meeting.
2. Explain trial procedures, i.e., opening statements and closing arguments, voir dire, direct and cross-examination, calling witnesses, objections (e.g., hearsay, improper foundation, leading the witness).
3. Review the Simplified Rules of Evidence included in the case materials.

1. Examine and discuss the factual basis of the case, witnesses' testimony, and the points for each side. Key information might be listed on the blackboard as discussion proceeds so that it can be referred to at some later time. Categorize facts: important, damaging, conflicting.
2. Discuss the law involved in the case and the burden of proof.
3. Put the students on the stand with the notes, then have the attorney coach proceed with an example of direct and cross-examinations.
4. Define the roles of the team members, establishing who will act as witnesses and attorneys. Since each team is required to represent both sides of the case during the competition, all roles in the case should be assigned and practiced.
5. Emphasize that team members should not memorize their roles since, in a real trial, they would have to play it by ear. Rather than memorizing his/her role(s), each student should concentrate on knowing all the facts of the case.

1. Go through the trial:
2. Work with the student attorneys, concentrating on what should be covered in an opening statement and a closing argument.
3. Remember that the role of the attorney coach is that of a consultant, not an author. Give the students ideas, but don't write statements for them. Ask other members of the team what they think should be included in the opening and closing.
4. Witnesses are called to the stand and student attorneys examine them. Work with students to develop questioning techniques that will elicit testimony to support either side of the case.
5. Have other team members make suggestions, to both witnesses and attorneys.
6. Have attorneys practice making objections, and discuss both style and substance of objections thoroughly.

1. Conduct cross-examination and define possible areas where objections could occur; look for other areas that your team's attorneys might want to focus on during cross-examination; have all team members make suggestions.
2. Practice opening statement and closing argument, how to lay foundation for exhibits, what to do when the opposing team objects to your questions.
3. Discuss appropriate courtroom decorum and etiquette.

1. Have at least one practice run of the entire trial. Allow team members, attorney coach(es), and the teacher coach(es) to act as the presiding judges and the opposing team's attorneys.
2. Enlist the support of community members, especially attorneys or judges, to sit in and offer suggestions.

• Always be courteous to witnesses, other attorneys, and the judge.
• Always stand when talking in court and when the judge enters or leaves the room.
• Dress appropriately.
• Always say, "Yes, Your Honor" or "No, Your Honor" when answering a question from the judge.
• If the judge rules against you on a point or in the case, take the adverse ruling gracefully and be cordial to the judge and the other team. Remember that not everyone can win the competition, so learn as much as you can and have fun while participating in the project.

• Objective: To acquaint the judge with the case and outline what you are going to prove through witness testimony and the admission of evidence. Argument, discussion of law, or objections by the opposing attorney is not permitted.
• Advice in Preparing:
  
  What should be included:

• Name of case
• Names of attorneys (you and your colleagues)
• Name of client
• Name of opponent
• A short summary of the facts
• A clear and concise overview of the witnesses, testimony and physical evidence that you will present, stating how each will help prove your case; try to recount the story without naming which witnesses will tell what information
• Mention of the burden of proof (the amount of evidence needed to prove a fact) and who has it in this case
• Conclusion and request for relief

• Too much detail, which can tire or confuse the court.
• Exaggeration and overstatement.
• Argument, which violates the basic function of the opening statement (i.e., to provide the facts of the case from your client's viewpoint)

• Advice in presenting:

• Use the future tense in describing what you will do (e.g., "The facts will show," or "Our witnesses' testimony will prove," etc.)
• Do not read the entire presentation; try to look at the judge and tell your story, preferably without the use of notes.
• First and last sentences should be the strongest, to capture the judges' attention and leave them with a lasting impression.
• Be earnest, loud and clear.

• Other suggestions:

• Learn your case thoroughly (facts, law, burdens, etc.).
• Never promise to prove anything that you will not or cannot.
• Write a clear, concise, and well-organized statement.

• Objectives: To obtain information from favorable witnesses you call in order to prove the facts of your case; to present enough evidence to warrant a favorable verdict; to present facts with clarity and understanding; to present your witness to the greatest advantage; and to establish your witness' credibility.
• Advice in preparing: What should be included:

• Isolate the information that each witness can contribute to your case and prepare a series of questions designed to elicit that information.
• Make sure all items that you need to prove your case will be presented through your witness.
• Use clear and simple questions.
• Elicit information through questions and answers.
• Never ask a question to which you don't know the answer.

• Advice in Presenting:

• Be a "friendly guide" for the witnesses as they tell their stories. Let the witnesses be the stars.
• Try to ask only the questions that you have practiced with your witnesses; ask only the questions which are necessary to elicit the desired testimony; and stay within your time limits.
• Be prepared to think and respond quickly to an unexpected answer from a witness and add a short follow-up to be sure you obtained the testimony you wanted.
• Present your questions in a relaxed and clear fashion; be sure to listen to the answers.
• If you need a moment to think, ask the judge if you can discuss a point with your co-counsel.
• Be sure all documents are marked for identification purposes before you refer to them during trial; refer to them as Exhibit A, etc. After you have finished using the exhibit, if it helps your case, ask the judge to admit it as evidence.

• Other suggestions:

• Ask open-ended questions. These usually begin with "who," "what," "when," "where," "why," or "how," or by asking the witness to "explain" or "describe."
• Avoid asking leading questions (there are a few generally accepted exceptions to this rule, i.e., questioning on preliminary matters such as name, address, occupation).
• Practice with your witnesses.
• Don't ask questions requiring opinion testimony, unless the witness has been certified as an expert by the court.
• Remember that in the event your witness' memory fails, you may refresh his/her memory by the use of the transcript. (Refer to The Simplified Rules of Evidence in your case packet)

• What does the opposing attorney do during this time?

• Objects to testimony or introduction of evidence when necessary.
• Takes down pertinent information and prepares for cross-examination of witnesses.

• Objectives:
  To make the other side's witnesses less believable in the eyes of the trier of fact; to negate your opponent's case; to discredit the testimony of your opponent's witnesses; and to discredit real evidence that has been presented.
• Advice in Preparing:

• Carefully analyze all possible adverse testimony and other evidence to find weaknesses; an attorney should attempt to explain, modify, or discredit the opponent's evidence by exposing its weaknesses.
• Jot down ideas or key words, which may be used to write out the cross-examination questions later. Prepare short questions using easily understood language.
• Use narrow, leading questions (ones that suggest the answers and normally require only a yes or no answer).
• Know your case materials thoroughly. It is essential that you appear confident in your case.

• Types of Questions to Ask:

• Questions that establish that the witness is lying on important points (e.g., the witness first testifies to not being at the scene of the accident and soon after admits to being there).
• Questions to show that the witness is prejudiced or biased (e.g., the witness testifies that s/he has hated the defendant since childhood).
• Questions to weaken the testimony of the witness by showing his/her opinion is questionable because of poor circumstances such as location or lighting (e.g., a witness who has poor eyesight claims to have observed all the details of a fight that took place 100 feet away from him/her in a crowded bar).
• Questions to show that an expert witness or even a lay witness, who has testified to an opinion, is not competent or qualified because s/he does not have the proper training or experience (e.g., a psychiatrist testifying to the defendant's need for dental work or a high school graduate testifying that in his/her opinion the defendant suffers from a chronic blood disease).
• Questions to reflect on a witness' credibility by showing that s/he gave a contrary statement earlier (e.g., the witness' testimony is different from what s/he testified to during the pretrial hearing).

• Advice in Presenting:

• Be relaxed and ready to adapt your prepared questions to the testimony that is actually heard during the direct examination.
• Always listen to the witness' answer.
• Don't give the witness the opportunity to re-emphasize the strong points made during direct examination.
• Be fair and courteous; don't quarrel with the witness.
• Use narrow, leading questions that suggest an answer to the witness (these are generally questions that require a "yes" or "no" answer). Do not allow the witness to explain anything (i.e., do not ask "Why?"). Try to stop the witness if his/her explanation is extensive and hurting your case by saying "You may stop here, thank you," or "That's enough, thank you."
• Don't harass or intimidate the witness by the questions you ask. It may be useful not to insist on an answer.
• Save the ultimate point for closing.
• Eye contact with the witness is recommended.

• Other Suggestions:

• Anticipate each witness' testimony and write your questions accordingly. Be ready to adapt your questions at the trial depending on the actual testimony.
• Be brief. Don't ask so many questions that well-made points are lost in the shuffle.
• What does opposing counsel do during this time?
• Listens carefully, objecting when appropriate, and noting pertinent testimony to prepare for re-direct, if necessary.
• Protects the witness from having his/her credibility threatened by the demeanor of the cross-examining attorney (e.g., by requesting that the judge instruct the attorney to stop arguing with the witness).

• Objective: To provide a clear and persuasive summary of: (1) the evidence you need to prove the case, and (2) the weaknesses of the other side's case.
• Advice in Preparing
  What should be included:

• Thank the judge for his/her time and attention.
• Isolate the issues and describe briefly how your presentation resolved those issues.
• Review the witness testimony. Outline the strengths of your side's witnesses and also the weaknesses of the other side's witnesses. (Remember to adapt your final statement to reflect what the witnesses actually said rather than relying on just the anticipated weaknesses of the other side.)
• Closing arguments should not be composed entirely before trial since they should highlight the important developments for each side that occurred during the trial. Relaxed and informal statements are likely to be more effective.
• Review the physical evidence. Outline the strengths of your evidence and also outline the anticipated weakness of the other side's evidence. (This section too must be adapted at trial.)
• State the applicable statutes which support your side.
• Remind the judge of the required burden of proof. If you are the plaintiff's/prosecution's lawyer, you must tell and convince the court that you have met that burden. If you are the attorney for the defense, you must inform and convince the court that the other side has failed to meet its burden.
• Argue your case by stating how the law applies to the facts as you have proven them.
• Don't forget to confidently request the verdict/remedy you desire.

• Advice in Presenting:

• You must always be flexible. Adjust your statement to the weaknesses, contradictions, etc. in the other side's case that actually came out during the trial. You can't anticipate everything perfectly before the actual presentation of the case.
• Argue your side, but don't appear to be vindictive. Fairness is important.
• Be relaxed and ready for interruptions by certain judges who like to ask questions during closing arguments.
• Do not make objections during the other side's closing argument.
• Do not read throughout your presentation. It is much easier to avoid reading if your notes contain only a brief outline/list of the important points you want to remember to cover. If you are using notes, make eye contact with the judge as often as possible.
• Rehearse as much as possible (this will help you feel comfortable presenting your closing without reading it).
• Make sure your statement is well organized.

• Familiarize yourself thoroughly with the case materials. Know what you should testify to and what other witnesses know. Witnesses may not use notes while being questioned.
• Do not try to memorize what you will say in court, but try to recall what you observed at the time of the incident (i.e., play the role as if you are the person whose identity you are assuming). You must establish your credibility as a witness by accurately portraying the character. Demonstrate knowledge and understanding of the person (both their strengths and weaknesses).
• Go over your testimony repeatedly with your attorneys. Have them cross-examine you on the weaknesses in your testimony. Be prepared to handle hostile questions.
• You are not allowed to make up testimony on direct examination. If asked a question during cross-examination to which the case materials supply no answer, you may make up an answer which will not be inconsistent with your previous testimony. (Refer to the Rules of the Mock Trial Competition, Rule 702)
• Listen carefully to the questions. Before you answer, make sure you understand what was asked. If you do not understand, ask that a question be repeated. If you realize that you answered a question incorrectly, ask the judge if you may correct your answer.
• When answering questions, speak clearly so you will be heard. The judge must hear and record your answer; therefore, do not respond by shaking your head "yes" or "no."
• Do not give your personal opinion or conclusions when answering questions unless specifically asked. Give only the facts as you know them, without guessing or speculating. If you do not know, say so.
• Be polite while answering questions. Do not lose your temper with the attorney questioning you. Remember that you are there to tell what you know, and not necessarily to be an advocate for your side.
• Always be courteous to witnesses, other attorneys, and the judge.
• Always stand when the judge enters or leaves the room. Always say "Yes, Your Honor" or "No, Your Honor" when answering a question from the judge.
• Dress appropriately (to show respect for the court).
• If the judge rules against you in the case, take the defeat gracefully and act cordially toward the judge and the other side.

• Objective: To acquaint the judge with the case and outline what your attorneys are going to prove through witness testimony and the admission of evidence.

• Objective: To obtain information from favorable witnesses your attorneys call in order to prove the facts of your case.
• Advice in Preparing:

• Learn the case inside out, especially your witness statement (or affidavit).
• Know the questions that your side's attorney will ask and prepare clear and convincing answers that contain the information that the attorney is trying to elicit from your testimony.
• Practice with the attorney.

• Advice in Presenting:

• Be as relaxed and in control as possible. An appearance of confidence and trustworthiness is important.
• Don't read or recite your witness statement verbatim. You should know its contents beforehand.
• Be sure that your testimony is never inconsistent with the facts set forth in your witness statement (or affidavit).
• Don't panic if the attorney or judge asks you a question you haven't rehearsed.

• Objective: To make the other side's witnesses less believable in the eyes of the trier of fact.
• Advice in Preparing:

• Learn the case thoroughly, especially your witness statement.
• Anticipate what you will be asked on cross-examination and prepare answers accordingly. In other words, isolate all the possible weaknesses, inconsistencies, and problems in your testimony, and be prepared to explain them.
• Practice.

• Advice in Presenting:

• Be as relaxed and in control as possible. An appearance of confidence and truthfulness is important.
• Be sure that your testimony is never inconsistent with the facts set forth in the witness statement.
• Don't read or recite your witness statement word for word.
• Cross-examination can be tough, so don't get flustered.
• Your job as a witness is to tell the truth, as you know it, about what happened. It is not your job to be an "advocate" for your side or to argue with opposing counsel.

• Organize any materials before beginning.
• Rise slowly.
• With confidence, walk slowly yet deliberately to the podium or the area from which you will deliver the speech.
• Get your body ready by assuming a good speech-making posture. Your feet should be set apart a bit and your weight balanced on the balls of your feet.
• Before your first word, look the judge directly in the eyes and then begin to speak directly to him or her.
• Try for a conversational tone to your voice. Speak to the judge in a clear voice that is slow enough and loud enough for the judge to follow your ideas without straining.
• Avoid using slang. Always use your best vocabulary.
• Use variety in your delivery. You can emphasize major points in several different ways, i.e., pause before an important idea; raise your volume slightly to accentuate an important idea; or slow down to draw attention to an important idea.
• If you concentrate on communicating directly to the judge, gestures should be no problem. Natural gestures are always good to emphasize ideas. They will come instinctively if your focus is on talking to the judge. Don't force gestures and always avoid repetitive or unnecessary gestures.
• Movement is often dictated by the courtroom situation. If you are at a podium with a microphone, don't move away from the podium. In cases where there is no podium, well-timed movement can help punctuate a point or help you release nervous energy. Be sure not to pace. Keep your focus on directing the speech to the judge.
• Never move so that you are in front of the opposing counsel's table. This applies when giving openings/closings and when you're questioning a witness. Opposing counsel may object on the grounds that you are obstructing their view.
• Be aware that judges may interrupt during your closing statement and ask you a question. Pause. Listen carefully to the question. Then answer to the best of your ability. The most important thing is to maintain your poise.
• When you have concluded your speech, say "Thank you, Your Honor," while looking directly at the judge. Pause briefly and then take your seat. Show no signs of relief and don't immediately turn to speak to co-counsel. Always maintain that aura of poise and confidence.

Posted on Sep 16, 2002