STEPS IN A MOCK TRIAL

• The opening of the court by the plaintiff/prosecution bailiff
  

• The judge will then ask the attorneys for each side if they are ready. Often the judge will begin the trial by asking if there are any preliminary matters or by requesting stipulations. The lawyers would offer stipulations, if any, in response to that question.  

• Stipulations of the parties are issues that both sides have agreed to prior to the trial. Only the document in the case packet labeled "Stipulations of the Parties" and/or additional stipulations designated by the Utah Law-Related Education are considered to have been stipulated to and may be entered as such.  
• Opening Statements  (5 MINUTES)
  
• Before proceeding with the opening statement, each team should introduce the team to the presiding judges. 
• "Your Honors. My name is ______________. I will be presenting the ___________________and ___________________________. A witness should state his/her role.
• The plaintiff's attorney/prosecutor summarizes the evidence that will be presented to prove the case. 
• The defendant's attorney may summarize the evidence that will be presented to rebut the case the plaintiff/ prosecution has made at this point or may wait until after the plaintiff/prosecution rests its case. 
  
• Direct Examination by Plaintiff/Prosecution of   Witness #1             (9 MINUTES OR 27 TOTAL) MINUTES 
• The plaintiff/prosecution's attorneys conduct direct examination (questioning) of each of its first witness. At this time, testimony and other evidence to prove the plaintiff/ prosecution's case will be presented. 
• Cross-Examination by the Defense of Witness   #1       
  
• (7 MINUTES OR TOTAL 21 MINUTES)
  
• After the attorney for the plaintiff/prosecution has completed questioning a witness, the judge then allows the defense attorney to cross-examine the witness. The cross-examiner seeks to clarify or cast doubt upon the testimony of opposing witnesses.
• Redirect Examination of witness #1 by the Plaintiff/Prosecution  (3 ADDITIONAL MINUTES)
  

• The plaintiff/prosecution's attorneys may conduct redirect examination of its witnesses to clarify any testimony that was cast in doubt or impeached during cross-examination. Redirect is limited to the scope of the first direct and the cross examination.
  
• Re-cross-examination by the Defense  (2 MINUTES)
  

• The defense attorneys may re-cross examine the opposing witnesses to impeach previous testimony. Recross is limited to the scope or only questions or testimony brought out during redirect.
  

• Direct and Redirect Examination by the Plaintiff/Prosecution and Cross and Recross
  

• Direct and redirect examination of each plaintiff/prosecution witness follows the same pattern as the steps above. The same is true for cross and recross examination.
  
• An attorney for the plaintiff/prosecution rests. 

• An attorney for the defense may choose to do the opening statement at this point in the trial. If the opening statement was presented at the beginning of the trial, the defense proceeds with Witness #1.
• Direct Examination by the defense of Witness  #1. 
• An attorney for the defense conducts direct examination of  its first witness. At this time, testimony and evidence is presented to prove its case or disprove the plaintiff/prosecutions case.
  

• Cross Examination by the Plaintiff/Prosecution

• Cross Examination of the defense witness follows the same pattern as the steps above which describe the process for cross.
• Redirect of Defense Witness #1 by the Defense

• Recross of Defense Witness #1 by the Plaintiff/Prosecution
  

• Direct Examination and Cross Examination by the Defense Attorney follows the same pattern as above. As does the cross and recross by the Plaintiff/Prosecution attorney.
• The Defense rests its case.                                                        
  

• Closing Arguments     (7 MINUTES OR TOTAL OPENING AND CLOSING IS 12 MINUTES) 
  

• Plaintiff/Prosecution: The closing statement is a review of the evidence presented. It should review the evidence as presented, stress facts favorable to the plaintiff/prosecution and show how the plaintiff/prosecution has met its burden of proving all the necessary elements of its case. The attorney concludes with a request that the court enter judgment on behalf of the plaintiff/prosecution
• Defense:  Counsel for the defense reviews the evidence as presented, stresses the facts favorable to the defense and shows how the plaintiff/ prosecution has failed to prove all the necessary elements of its case. Counsel concludes with a request that the court enter judgment on behalf of the defendant.
• Rebuttal by the Plaintiff/Prosecution: The attorney for the Plaintiff/Prosecution may do a rebuttal. The attorney should ask for time to be reserved for a rebuttal when he or she began the original closing. I usually have the students say, "Your honors, may I reserve any time I have left from my closing for a rebuttal." The rebuttal must remain within the scope of the defense's closing argument.
• Defense is not allowed a rebuttal.

• The Judges will leave the bench to deliberate the case. The bailiff for the defense calls for everyone to rise. The defense bailiff watches for the Judge return of the Judges and calls court back into order.
• The Judges give their opinion on the merits of the case and then on presentation. The presentation is what counts in a mock trial.
  

 MANNERS

TEACH STUDENTS TO BE FORMAL IN A COURTROOM, BUT NOT STIFF.

PRACTICE STANDING FOR JUDGES AND JURY.

PRACTICE STANDING TO ADDRESS THE COURT.

PRACTICE HOW TO STAND CORRECTLY.

TEACH PROPER WAYS TO DISCUSS OR HANDLE OBJECTIONS-DO NOT EVER ARGUE BY FACING  OPPOSING COUNCIL. TALK TO THE JUDGE INSTEAD.

WORK ON SPORTSMANSHIP.

REMIND STUDENT THAT THE JUDGES WATCH EVERYTHING THAT GOES ON AT THE TABLE AND WITH THE WITNESSES, SO ALWAYS STAY IN CHARACTER.

WATCH FACIAL EXPRESSIONS, LAUGHING, EATING, PASSING NOTES, INTERRUPTING TOUCHING THE COURTS EQUIPMENT, ETC.

MANNERS GO A LONG WAY IN A COURTROOM  AND ARE AGAIN ANOTHER LIFE LESSON.