Mock Trial Roles & Guidelines

General Rules

  • Each side has a total of 15 minutes to make their case
  • Within that 15 minutes you may call any of the scheduled witnesses (present in the court room)
  • Redirects will be subtracted from your total argument time
  • A single redirect may not be longer than two minutes
  • Generally speaking, the attorney on the opposing side is responsible for raising objections which will be either sustained or overruled by the judge.
  • If the judge sustains an objection, the attorney must withdraw and/or revise the line of question accordingly.
  • Both the prosecution and the defense may call from this witness list.  
  • You may call a witness to the stand only once.
  • You can only ask the witness questions*; you may not make comments to the witness; paraphrase the witness’s response; or in any way presume to speak for the witness or to the witness on the behalf of your client
  • You do not have to call all three (or any) of the witnesses.
  • Once one side has finished questioning a witness, the other side will have 2 minutes for a redirect regardless of whether they also plan to call the witness.  Redirect questions must be related to the questions and/or responses just raised by the other side’s line of questioning.  You may not begin new and/or unrelated lines of questioning during the redirects. 
  • *Questions to the witness should be: 
    • clear & coherent-
    • concise & precise-
    • relevant to the case-
    • within the particular scope of issues on which the witness has been called forth to speak.
  • Questions should NOT
    • lead the witness-
    • badger the witness-
    • require witnesses to speak for or on behalf of any party other than the witness –
    • be repetitive (If a witness answers, you cannot ask the same question again.)- be outside the witness’s scope of expertise and/or relevant experience-
    • be based on hearsay or encourage responses that may forward hearsay-
    • speculate for the witness and/or ask the witness to speculate on hypothetical information

Trial Case Roles

  • Prosecution –
    • Submit a 30 second opening argument (which should be an overview of the reasoning, ie. arguments, you will substantiate with evidence during the trial).
    • Call and question eyewitnesses and/or expert witnesses. You may only question the defendant if the defense puts him/her on the stand, in which case you may subject the defendant(s) to redirect;
    • Redirect defense’s witness questions.
    • Raise objections where warranted to question posed by Defense.
    • Provide a 30-45 second closing statement.
  • Defense Attorney(s) –
    • Submit a 30 second opening argument (which should be an overview of the reasoning, ie arguments, you will substantiate with evidence during the trial).
    • Call and question eyewitnesses, expert witnesses, and/or the defense as your case strategy and time allow.
    • Redirect prosecution’s witness questions.
    • Raise objections where warranted to question posed by prosecution.
    • Provide a 30-45 second closing statement.
  • Defendants –
    • Work with defense attorneys to build case.
    • Enter plea at the start of the trial.
    • May be called to the stand by defense, in which case may be subjected to prosecution redirect.
    • May offer in lieu of the defense’s closing argument an up to 1 minute address to the court.
  • Eye Witnesses –
    • Remain present where bailiff positions you outside the court room until bailiff escorts you the stand.
    • Swear in.
    • Answer questions posed to you by the attorney at the stand and/or the judge.
    • Do not address any other participant in the trial or member of the court.
    • Step down and return to waiting area as directed to do so by bailiff operations under the judge’s directions.
    • You may be called testify again for the opposing side.
  • Expert Witness-
    • Remain present where bailiff positions you outside the court room until bailiff escorts you the stand.
    • Swear in.
    • Answer questions posed to you by the attorney at the stand and/or the judge.
    • Do not address any other participant in the trial or member of the court.
    • Step down and return to waiting area as directed to do so by bailiff operations under the judge’s directions.
    • You may be called testify again for the opposing side.

Court Staff Roles (5-8)

  • Prosecution time tracker-
    • Tallies minutes prosecution spends making arguments, questioning witnesses, and redirecting defense’s witness questions.
    • Raises 7 minute and 3 minute warning flags at 7 and 3 minutes respectively.
  • Defense time tracker –
    • Tallies minutes defense spends making arguments, questioning witnesses, and redirecting prosecution’s witness questions.
    • Raises 7 minute and 3 minute warning flags at 7 and 3 minutes respectively.
  • Redirect time keepers (potentially 2) –
    • Tracks the time of each redirect.
    • Provides 30 second warning flag at the 30 second mark.
  • Bailiff
    • Holds witness rosters;
    • Escorts witnesses in and out of court room;
    • Swears witnesses in
    • Keeps track of overall case time;
    • Assists judge with miscellany
  • Court stenographer One –
    • Records all aspects of the trial, paying especial attention to arguments raised and evidence submitted by both sides.
  • Court stenographer Two –
    • Records all aspects of the trial, paying particular attention to redirects, objections raised, and rulings on objections.
  • Court stenographer Three-
    • Records all aspects of the trial, paying special attention to questions posed to witnesses and witnesses response.

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