Transcript Mock Trial 101

By: Matias Ferandel and Mia Fernandez
Opening Statement
It is a statement not an argument
 A succinct summary of the case (5 minutes)
 First time you speak to jury (good impression)
 Usually plaintiff/prosecution goes first
 Elicit all main facts (include some bad, make them sound
trivial)
 Act objective
 Introduce case theory and support with facts
 Don’t just stand there and elicit main facts, PERSUADE
 Set the tone, intimidate opposing council
 DON’T bore the jury
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Structure
 Introduction
Case theme, quotes, be passionate.
This case is about…
 Narration
What happened?, not AS passionate as intro, facts favor your side, only the
most important, usually chronological
 Outline
State the burden of proof (beyond a reasonable doubt), how you will prove,
“The prosecution bears the burden of proof in this case. To prove beyond a
reasonable doubt…”
 Proof/Witnesses
Witnesses you will be calling and what they have to bring to the case, if
necessary you can elicit opposing council’s witnesses. These witnesses
will prove X, Y and Z.
 Conclusion
At the end of this trial my co-council is going to ask for a verdict. Using
theme remind jury why they should reward this verdict
Time
Introduction = 45 seconds
The Story/Narration = 135 seconds
Burden of proof + Statutes = 45 seconds
Witnesses = 45 seconds
Conclusion = 30 seconds
= 300seconds = 5 minutes
 Witnesses
control all the information. If you don’t
say it, it didn’t happen
 Pick your battles wisely
 Research your character, you are the master of all
facts about you. Everything you said, did or were
involved in.
 Confidence = honesty (you don’t think about what
you say)
 PRACTICE, PRACTICE, PRACTICE
 Get all the details perfect
 If
the witness is boring, the trial is boring,
and nobody wants to listen
 Be a CHARACTER, be funny, have an
accent, everybody has certain nuances.
Don’t be too crazy, your still a real person
 Create a personality which is favorable to
your side of case
 Listen to what your side is saying during
trial
 Character
 Victim
 Expert
Stay historically correct, anything you add must:
 Have been possible historically
 Be Logical
 Not make the matter at hand more or less probative
Direct Examination
 Order of witnesses is important to case theory so, discuss it
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with team
All focus is on witness, lawyers should sort of fade away
Change tone of voice according to topic
The answer should lead to the next question
Do not ask leading or narrative questions
Make it as natural for witness as possible
Stand near jury, have a conversation
Don’t ask what you haven’t practiced
Make sure your answers go towards proving part of your case
theory
Cross Examination
 The witness is no longer in control
 No open questions
 Why did you dive behind the car?, You were scared? Then you dove
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behind the car, is that right?
Bring out anything which makes them less credible
Facts which help your sides case theory
Facts which damage their side of the case
Make them look dumb
Don’t ask if you don’t know the answer (you should be able to prove
everything you want them to say through evidence)
Listen for anything which does not make sense
Don’t come across as to aggressive (you want to win, but also be liked
be the jury)
If you don’t achieve the desired answer, break the question down.
Examinations
Don’t let opposing council get away
with an examination
uninterrupted. Object even if it
doesn’t make total sense to ruin
their flow.
Don’t over do it…please
Impeachment
 When the witness gives an answer which
contradicts prior statement, or evidence
 Statement must have been made by them
 Evidence must be from reliable source
 Do not impeach on points which are irrelevant
 You are attacking credibility
How to impeach
 Re-ask question.
 Announce you are showing opposing council what
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has been previously marked as…
Ask permission to approach witness (always do this)
Ask if it is from X source, to establish that it is. (MLA
citations = perfect)
Announce where you are reading and ask witness to
read along with you
Ask if you read it correctly
Re-ask question
 Relevance
– 401
 Character evidence – 404,405
 Lack of personal knowledge – 602,701
 Leading
 Narrative
 Relevant
evidence means:
Evidence having any tendency to make the
existence of any fact that is of consequence
to the determination of the action more or
less probable than it would be without the
evidence.
 Common objection
 Rule number 401
 So
what did you have for breakfast that
morning?
Objection your honor, under rule 401 this
question is irrelevant
Response: Your honor this is relevant
because…
 Evidence
of a person’s character or a trait
of character is not admissible for the
purpose of proving action in conformity
therewith on a particular occasion.
 Rule number: 404
 Response: Your honor this evidence is not
being used to prove action in conformity
rather…
 602: A
witness may not testify to a matter
unless the witness has personal knowledge
of the matter.
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If the witness is not testifying as an expert , the witness’
testimony in the form of opinions or inferences is limited to
those which are:
 701: (A)
Rationally based upon the witness
perception
(B) Helpful to clear understanding
(C) Not based on scientific, technical, or other
specialized knowledge
 When
the answer is implied in a question
 You
may lead on cross examination but
not on direct
So Mr. Bonaparte, you didn’t mean any
harm did you?
 When
a question calls for a narrative
answer
 Narrative
basically means long answer
So Mr. Bonaparte please tell us what
happened that year?
 After
the question is asked and before the
response
 Stand up and say “Objection your
honor…”
 Site rule number and why it is
inadmissible evidence
 They will respond
 Then you may be heard again, if you are
not asked to speak but still wish to say,
“May I be heard”
 Be clear, loud and confident no matter
what you say
Introduce theme (If the glove doesn't fit you must acquit)
 Begin with a short introduction
“…this case is about…” , “…you heard the story of…”
 Talk about the burden of proof
“…this burden is a strict one, to prove (insert burden
here)…”
 Explain what the burden is.
What should be done in order to prove innocence or guilt
in the case. How have you met those requirements. Or
how opposing council has not met them.
 Prove your case
Show how X is true, Y is true and Z is true. That is why this
person is either innocent or guilty
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The closing Argument
 Conclusion
Sum everything up. Because of X, Y, and Z it is
clear to see that the defendant is guilty/innocent
Ask for a verdict. Because of this we ask that you
rule in favor of the defense/prosecution.
Its nice to end with theme
 Add specific examples of the case throughout
closing
 Quoting is usually effective
How to deliver in general
 Always be confident no matter what you say. Even
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if you’re just lying.
Do not fidget, find speaking positions you are
comfortable in
Vary cadence, pitch, tone volume, pace etc.
Always try to make as much eye contact as
possible
Memorize as much as possible. Know your facts,
but not “over rehearse” be prepared to improvise,
especially on cross.
Never speak out of turn
DON’T BE BORING because it makes the jury
suicidal
Questions?