2025 JUDGE RICHARD N.

WARE, IV

MEMORIAL

HIGH SCHOOL

MOCK TRIAL COMPETITION

Handbook

Sponsored by:
Louisiana State Bar Association

Young Lawyers Division Council

 2025 Louisiana High School Mock Trial Competition Case

FABER

V.

BEAUMONT

A CIVIL CASE BY
THE UNIVERSITY OF LOUISIANA AT MONROE MOCK TRIAL TEAM

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 IN MEMORY OF
JUDGE RICHARD N. WARE, IV
1949-1996

This competition is dedicated to and named in memory of the Honorable Richard

N. Ware, IV, district court judge for the 39th Judicial District Court of Louisiana. For nearly a decade,
Judge Ware assisted the Young Lawyers Division of the Louisiana State Bar Association in the
administration of its various public service projects. He was particularly devoted to serving each
year as the presiding judge of the final round of the Louisiana High School Mock Trial Competition.
Despite the fact that the competition was held in different parishes around the state and at different
times each year, Judge Ware was always willing to clear his calendar and devote many hours to serve
as a “real” judge for students who had worked so hard to prepare and present their cases. The Young
Lawyers Division of the Louisiana State Bar Association dedicates the high school mock trial
program to Judge Richard N. Ware, IV in honor and memory of his dedication and service throughout
the years.

SPECIAL ACKNOWLEDGMENTS

This year’s mock trial problem was written by Members of the University of Louisiana-
Monroe’s Mock Trial Team, under the direction of Kyle Moore and Bob Noel. The Louisiana Young
Lawyers Division expresses its sincere thanks to Mr. Moore, Mr. Noel, and the ULM Mock Trial
Team for their gracious assistance and support of this program.

The Louisiana Young Lawyers Division would also like to acknowledge the work of the
Regional Coordinators and the local bar associations that plan and host each of the four regional
competitions. Without their hard work and dedication, the State Competition would not be possible.
These Coordinators provide invaluable services to the participating schools, including distributing
the problem, organizing and running the regional competitions, rounding up volunteers, and assisting
with the State Competition.

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 TABLE OF CONTENTS

GENERAL INFORMATION

About the Mock Trial Competition 5

Program Objectives 7
Code of Ethical Conduct 8
Judging the Competition 8
Regional Coordinators 11
Young Lawyers Division Co-Chairs/Coordinators 12
Cancellation / Postponement Policy 12

THE RULES

Applicable Law 12
Rules of the Competition 12

TEACHING AIDS AND GUIDELINES

Suggestions for Teacher-Coaches 24

Suggestions for Attorney-Coaches 25
Guidelines for Student-Attorneys 26
Suggestions for Student-Witnesses 32
Criteria for Evaluating Performance 34

ADDITIONAL INFORMATION

Sample Score Sheet 36

Sample Timekeeper Sheet 38
Regional Competition Registration Form 40
State Competition Registration Form 41

APPENDIX: RULES OF EVIDENCE

National High School Mock Trial Championship Rules of Evidence (Mock Trial Version) 42

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 ABOUT THE MOCK TRIAL COMPETITION

GENERAL OVERVIEW
The Louisiana High School Mock Trial Competition is designed to introduce young people
to the art of advocacy, supplement their knowledge of the workings of our court system, and provide
them with the opportunity to develop the skills of teamwork and oral presentation. In the state
competition, teams from schools across the state are matched against each other in a courtroom
setting. The students prepare their case as both the plaintiff and the defense and will present before
a judge and mock trial jury (i.e., performance judges) at trial.

Each team is composed of students who portray each of the principal players in a courtroom
trial. Some will act as the plaintiff(s) whose rights or interests are the subject of the trial or as
witnesses whose testimony is a necessary and valuable component of nearly every trial (student-
witnesses). Others will portray the lawyers (student-attorneys) who will present the case at trial and
enjoy the responsibility of making persuasive legal arguments to the judge.

The case problem is fictional. The characters, names, incidents, places, exhibits, and
dialogues are used fictitiously and do not refer to or portray any actual persons, places, or institutions.
Any resemblances to actual people, places or events are coincidental, and are being used solely for
the purpose of providing the students with a comprehensive legal problem to use in the competition.

MOCK TRIAL PROBLEM DISTRIBUTION AND REGISTRATION

This handbook contains the official materials that each team will need to prepare for the 2025
Louisiana High School Mock Trial Competition, sponsored and administered by the Young Lawyers
Division of the Louisiana State Bar Association.

This handbook is available on the Louisiana State Bar Association’s website, www.lsba.org
under the Young Lawyers Division tab. Any questions regarding distribution of the handbook should
be directed to the Regional Coordinator and/or the Mock Trial Committee Co-Chairs.

SCHOOL ELIGIBILITY AND RESPONSIBILITY

All schools within the State of Louisiana, whether public or private, are eligible to field teams
at the regional level of the High School Mock Trial Competition. The top two (2) teams from each
of the four regions are permitted to advance to the State Competition scheduled to take place on
Saturday, March 29, 2025, at the US Western District of Louisiana Courthouse in Lafayette,
LA (800 Lafayette Street, Lafayette).

Once a school receives the problem and has compiled one or more teams, it must register its
team(s) with the Regional Coordinator. The registration form can be found in this Handbook. Schools
may enter multiple teams of at least six (6) and no more than nine (9) students, each led by one
or more teacher-coach(es) and guided by one or more attorney-coach(es).

Each school is responsible for selecting the teacher-coach or coaches and team members
(including three student-attorneys, three student-witnesses, and two alternates). The schools are also
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responsible for arranging their teams’ transportation to and from the Regional and State Competition
sites. Further, each team entered into the Louisiana High School Mock Trial Competition is expected
to conduct several practice sessions before the Regional Competition.

BAR ASSOCIATION ASSISTANCE

Teams may enlist one or more attorneys of their choice to assist them in preparing for the
competition. If a team is unable to enlist an attorney on its behalf, volunteer attorneys will be
requested to assist in preparing the teams for trial. If a team wishes to have a volunteer attorney
assigned, it should contact the appropriate Regional Coordinator.

REGIONAL COMPETITION
Each participating region will sponsor a Regional Competition and declare a Regional
Champion and Regional Runner-Up from the competing high schools. The participating regions (and
their respective Regional Coordinators) may be found at page 11 of this handbook. The Regional
Champion and Regional Runner-Up from each region will be invited to compete in the State
Competition.

In the event there are an odd number of teams slated for the State Competition, the host region
will be invited to send an additional team to participate in the State Competition.

STATE COMPETITION
If your team is a Regional Champion or the Regional Runner-Up, please fill out the State
Competition Registration Form located on page 39 of this handbook and e-mail it to the State
Coordinator at the address set forth in the section on “Additional Contact Information'' within one
week of your Regional Competition. The State Coordinator will then send you a schedule of events
and itinerary for the State Competition.

Registration for the State Competition is set to begin for all participating teams on Saturday,
March 29, 2025. On Saturday, there will be three rounds of competition. Each team will participate
in round one and round two, the teams will break for lunch, then the final two teams will be
announced and the final round will be held.

Following the competition, there will be a ceremony for all participants, guests, and judges,
during which awards will be presented to the State Champion, State Runner-Up, Most Outstanding
Witness, and Most Outstanding Attorney. Volunteer attorneys and judges vote for the outstanding
witness and attorney awards throughout the competition; the winners of these awards are NOT
limited to the two final teams. In addition, all participating students receive certificates of merit for
participating in the State Competition.

NATIONAL COMPETITION
The Louisiana State Bar Association Young Lawyers Division will partially sponsor the
winning team of the State Competition as Louisiana’s representative at the National Mock Trial
Competition. Information on the dates and location of the National Mock Trial Competition can be
found online at https://www.nationalmocktrial.org/. The Louisiana State Bar Association Young
Lawyers Division has sponsored a Louisiana team in the prestigious National Mock Trial
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Competition for more than twenty-five years, and the Young Lawyers Division is proud to offer this
additional opportunity for educational enrichment to the State Champion.

Please note that the National Competition problem is different from the State Competition
problem. The National Competition problem will be distributed to each of the teams from the
numerous states that participate in the National Competition. We will provide a copy of the problem
to the State Champion as soon as it is available. An information packet will accompany the problem.
Room, meal, and airfare reservations, as well as t-shirt orders will need to be placed with the National
Coordinators as soon as possible following the State Competition. If, for any reason, the State
Champion is unable or unwilling to attend the National Competition, the State Runner-Up will have
the opportunity to compete in its place.

The Louisiana State Bar Association Young Lawyers Division will assist in registering the
winning team in the National Tournament and agrees to provide partial funding (if necessary and as
available); however, it will be the responsibility of the winning school, school district, and
parents of each individual student to provide the balance of the funding that may be necessary
to participate in the National Competition. In previous years, the Young Lawyer Division has
contributed funds to assist with expenses and hopes to be able to do so again this year. Funds will
be distributed to the winning team in the form of reimbursement.

PROGRAM OBJECTIVES

For the participating students, the Mock Trial Competition will:

● Increase proficiency in fundamental skills including listening, speaking, reading, and
reasoning;
● Promote confidence in public speaking;
● Encourage teamwork;
● Further an understanding of the substantive law; and
● Provide exposure to the procedure by which our courts have applied the substantive law.

For participating schools, the Mock Trial Competition will:

● Promote cooperation and healthy competition among students of various abilities and
interests;
● Demonstrate the achievement of high school students to the community;
● Provide hands-on experience outside the classroom from which students can learn about
law, society, and themselves; and
● Provide a challenging and rewarding experience for participating teachers and coaches.

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 CODE OF ETHICAL CONDUCT

Students and teacher-coaches should read, understand, and discuss this Code of Ethical
Conduct at the first team meeting.

All participants must adhere to the high standards of scholarship expected of students in their
academic performance. The teacher-sponsor is responsible for the team’s adherence to these
principles. Suspected violations of this Code will be referred to the teacher-sponsors of the teams
involved.

Plagiarism of any kind is unacceptable. The students’ written work and oral presentations at
both the Regional and State Competitions must be their own.

Students, teachers, and coaches must exhibit good sportsmanship in both victory and defeat
in their relations with other teams and individuals. They must at all times show respect for fellow
students, opponents, judges, coaches, competition coordinator(s), and volunteers. Trials will be
conducted honestly, fairly, and with the utmost civility. Students shall not willfully violate the rules
of the competition in spirit or in practice, and shall avoid tactics they know are wrong or that violate
the rules.

Each team is responsible for its conduct and the conduct of persons associated with the team
(friends, relatives, etc.) throughout the competition.

All coaches agree to focus attention on the educational value of the mock trial competition,
to uphold the highest standards of the legal profession, encourage fair play, and discourage willful
violations of the rules. Coaches shall instruct students as to proper procedure and decorum and will
assist their students in understanding and abiding by the rules and Code of Ethical Conduct. Coaches
should ensure that the students understand and agree to comply with this Code. Violations of this
Code may result in forfeiture and disqualification from the competition.

JUDGING THE COMPETITION

All judges must adhere to the high standards of ethics and professionalism expected of a
practicing attorney in this state. No prejudice or discrimination of any kind will be tolerated.
Comments following the judging of any level of the competition must be limited to positive feedback
for what a team and/or individual competitor did well, constructive criticism for what a
team/competitor did not do so well, and/or suggestions on how a team/competitor can do
better/possibly improve. Any comments that address gender, racial or minority references, age,
sexual orientation, disability, and/or religion are strictly forbidden.

Judges must remember and understand that the teams competing in the competition are high
school students. Any discriminatory comments, intended or otherwise, can result in your immediate
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termination as a judge and can bar you from future involvement in any capacity in this competition.

GENERAL OVERVIEW

The competition will consist of successive rounds wherein two teams will be matched against
each other in the presentation of the mock trial problem. Teams will not learn whether they represent
the plaintiff or the defendant until the day of the competition; therefore, every team must be prepared
to present both sides of the mock trial problem.

At least one presiding judge will conduct the trial, and at least one performance judge will
evaluate each team’s performance using a scoring sheet. The performance of each student-attorney
and each student-witness will be judged on a scale of one to ten, with one being the lowest score and
ten being the highest. Each team should review and be familiar with the guidelines used by the
judges in evaluating team and individual performances. Copies of the score sheet and the criteria for
scoring are included in this handbook.

Judges have the option to orally critique the performance of each team following the
conclusion of each round, but their written comments will not be dispersed. The expression, “beauty
is in the eye of the beholder,” points out the differences that exist between human perceptions. That
same subjective quality is present in the scoring of the Mock Trial. Even with rules and evaluation
criteria for guidance, just as in “real life,” not all judges and attorney-scorers evaluate a performance
identically. The organizers of this competition have done everything possible to ensure consistency
in scoring; however, the competition reflects a “real life” quality that is a part of all human
interactions, much like true legal proceedings.

PERFORMANCE JUDGES

Performance judges determine which team made the best overall presentation. Depending
on how your Regional Competition is organized, the presiding and performance judge may be the
same person.

When deciding which team made the best overall presentation, the performance judges
should consider the performance of all student-witnesses and student-attorneys from both sides. To
this end, each performance judge is provided a score sheet which he/she will complete as the trial
progresses. Each performance judge will use a standardized point system to determine which team
will advance. If the two performance judges select opposite schools as winners, the presiding judge
will select a winner without regard to the number scores.

In addition to the score sheet, performance judges also consider the following for student-
witness presentations:

● Did the student-witness maintain eye contact with the student-attorney, the presiding judge,
the performance judge(s), etc. while on the stand?
● Did the student-witness’s testimony appear unrehearsed?
● Could the student-attorney’s or student-witness’s questions and responses be heard by the
entire court?

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 Credit should be given to the team which truly had a well-balanced presentation, with its
strong points equally distributed among all student-attorneys and student-witnesses rather than
relying on the strength of one student-attorney or student-witness.

Following the State Competition, each school participating in the State Competition will
receive its score sheet and win/loss record. Ranking of state finalists will only be given through
third place.

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 REGIONAL COORDINATORS

Region 1
Reagan LaPietra (Co-Chair) Avoyelles, Bienville, Bossier, Caddo, Caldwell,
Thomas, Soileau, Jackson, Cole, LLP Catahoula, Claiborne, Concordia, DeSoto, East Carroll,
330 Marshall St., Suite 1200 Franklin, Grant, Jackson, LaSalle, Lincoln, Madison,
Shreveport, Louisiana 71101 Morehouse, Natchitoches, Ouachita, Rapides, Red River,
(318) 789-7802 (cell) Richland, Sabine, Tensas, Union, Vernon, Webster, West
(318) 698-2923 (Office) Carroll, and Winn Parishes
[email protected]

Kristina Douglas (Co-Chair)

Office of the City Attorney- Shreveport
505 Travis Street, Shreveport, LA 71101
(318) 673-5214 (office)
(318) 505-6190 (cell)
[email protected]

Region 2
Reed Ellis Acadia, Allen, Beauregard, Calcasieu, Cameron,
Broussard & David, LLC Evangeline, Iberia, Jefferson Davis, Lafourche, Lafayette,
557 Jefferson Street St. Landry, St. Mary, St. Martin, Terrebonne, and
P.O. Box 3524 Vermilion Parishes
Lafayette, LA 70502
Telephone: (337) 233-2323
[email protected]

Region 3
Ann K. Gregorie Assumption, Ascension, East Baton Rouge, East Feliciana,
544 Main St. Iberville, Livingston, Pointe Coupee, St. Helena,
Baton Rouge, LA 70801 Tangipahoa, Washington, West Baton Rouge, and West
Phone: 225-382-3088 Feliciana Parishes
[email protected]

Baton Rouge Bar Association Liaison

[email protected]
Region 4
John F. Lee Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles,
Mollere, Flanagan & Landry St. James, St. John the Baptist, and St. Tammany Parishes
2341 Metairie Rd.
Metairie, LA 70001
Cell: (504)-453-4672
[email protected]

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 YOUNG LAWYERS DIVISION CO-CHAIRS/COORDINATORS

Jared Nelson
Attorney
Galloway, Johnson, Tompkins, Burr & Smith, LLP
3861 Ambassador Caffery Parkway, Suite 300
Lafayette, LA 70503
Telephone: (337) 849-2545
[email protected]

Brad Cranmer
Attorney
Mansfield, Melancon, Cranmer & Dick
2133 Silverside Dr., Ste. B
Baton Rouge, Louisiana, 70808
Telephone: (225) 385-7918
[email protected]

Christina Guzman
Attorney
Jeffrey Hufft, Attorney at Law, LLC
3500 Causeway Blvd Ste 185
Metairie, LA 70002
Phone: (504) 407-5393
[email protected]

Margaret Manning
Attorney
Phelps Dunbar LLP
365 Canal Street, Suite 2000
New Orleans, LA 70130
Telephone: (504) 566-1311
[email protected]

CANCELLATION / POSTPONEMENT POLICY

The LSBA Young Lawyers Division reserves the right to modify or cancel a program if
circumstances warrant. It is not with pleasure that a scheduled activity is canceled. The YLD
reserves the right to move forward with a scheduled event or to cancel or reschedule an event
due to unfavorable weather conditions, force majeure, or any other circumstance, as determined
necessary by the YLD Executive Board in consultation with the LSBA Staff Liaison.

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 APPLICABLE LAW

Any applicable law necessary for the problem is included with the problem itself as part
of the case materials. For purposes of the Mock Trial Competition, statutes, case law, and/or jury
charges are applicable and binding only if they are provided with the problem.
All trials are governed by the National High School Mock Trial Rules of the Competition
and Rules of Evidence, which are provided. Further information, if needed, can be found at
www.nationalmocktrial.org.

RULES OF COMPETITION

A. ADMINISTRATION

Rule 1.1: Rules –All trials will be governed by the Rules of Competition for the
Louisiana High School Mock Trial Competition and the National High School Mock Trial Rules
of Evidence. Questions regarding these rules or the interpretation thereof are within the
discretion of the Young Lawyers Division Mock Trial Committee (“Committee”), whose
decision is final.

Rule 1.2: Code of Conduct - The Rules of Competition, as well as proper rules of
courthouse and courtroom decorum and security, must be followed. The Committee possesses
discretion to impose sanctions, up to and including forfeiture or disqualification, for any
misconduct occurring while a team is present for the State Championship, flagrant rule
violations, or breaches of decorum which affect the conduct of a trial or which impugn the
reputation or integrity of any team, school, participant, court officer, judge, or the mock trial
program. Such discretion is also granted to each of the Regional Coordinators.

Rule 1.3: Emergencies - During a trial, the presiding judge shall have discretion to
declare an emergency and adjourn the trial for a short period of time to address the emergency.

B. THE PROBLEM

Rule 2.1: The Problem - The problem is a fictional fact pattern which may contain any
or all of the following: statement of facts, petition, answer, stipulations, witness
statement/affidavits, jury charges, exhibits, etc. Stipulations may not be disputed at trial. Witness
statements may not be altered. The problem shall consist of three witnesses per side, all of whom
have names and characteristics which allow them to be played by either males or females. All
three witnesses must be called at trial.

Rule 2.2: Witnesses Bound by Statements – Each witness is bound by the facts
contained in his/her own witness statement, the Statement of Facts, if present, and/or any
necessary documentation relevant to his/her testimony. Fair extrapolations may be allowed,
13
provided reasonable inference may be made from the particular witness’s statement. If, in direct
examination, an attorney asks a question which calls for extrapolated information pivotal to the
facts at issue, the information is subject to objection under Rule 2.3, “unfair extrapolation.” A
witness is not bound by facts contained in other witnesses’ statements.

Rule 2.3: Unfair Extrapolation – A fair extrapolation is one that is neutral. Unfair
extrapolations are best attacked through impeachment and closing arguments and are to be dealt
with in the course of the trial. If a witness is asked for information not contained in his/her
statement, the answer must be consistent with the statement and may not materially affect the
witness’s testimony or any substantive issue of the case.

Attorneys for the opposing team may refer to Rule 2.3 in a special objection, such as
“unfair extrapolation” or “This information is beyond the scope of the statement of facts.”
Possible rulings by a judge include:
(a) No extrapolation has occurred;
(b) An unfair extrapolation has
occurred;
(c) The extrapolation was fair; or
(d) Ruling is taken under advisement.

The decision of the presiding judge regarding extrapolations or evidentiary matters is

final. When an attorney objects to an extrapolation, the presiding judge will rule in open court
to clarify the course of further proceedings.

Rule 2.4: Genders of Witnesses – All witnesses and parties are gender neutral. Personal
pronoun changes in witness statements indicating gender of the characters are allowed. Any
student of either gender may portray the role of any witness or party.

Rule 2.5: Voir Dire – Voir Dire examination of a witness is not permitted.

C. TEAMS:

Rule 3.1: Team Eligibility – Teams competing in the Louisiana High School Mock Trial
State Competition must be comprised of the same students who participated in the Regional
Competition. The Regional Coordinator may designate an alternate team should the Regional
Championship team or Regional Runner-Up be unable to participate, so long as all students on
the team are from the same original team. Regions may not combine members from different
teams and/or enter an “all- star” team in the State Competition. The Committee shall determine
what an “all-star” team is, and its determination will be final.

Rule 3.2: Team Composition – Teams consist of eight members assigned to roles
representing the prosecution/plaintiff and defense/defendant sides. Only six members may
participate in any given round. (See Rule 3.3 for further explanations referring to team
participation.) Each team is responsible for having a timekeeper. An “official” timekeeper may
be used in the Regional Competitions or State Competition. In the absence of an “official
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timekeeper”, each team should be prepared to provide its own timekeeper who, in conjunction
with the timekeeper for the opposing team, will monitor and reconcile the duration of each team’s
presentation during each phase of the competition. (See, Sample Timekeeper Sheet at page 37).
The team roster becomes official at the time of on-site registration at the Regional Competition.
Once this occurs, team member substitutions are strictly prohibited. No team, for any reason,
shall be allowed to substitute any other person for an official team member.

A school may field more than one team. If a school chooses to do so, no substitutions
are allowed between teams. In the event that a team is undermanned, the replacement may come
from any other student in the school’s student body. A school may not combine members from
different teams and/or enter an “all-star” team in the State Competition.

Rule 3.3: Team Presentation – At the regional competition, teams must present both
the prosecution/plaintiff and defense/defendant sides of the case, using six team members in each
trial round. For each trial round, teams shall use three students as attorneys and three students
as witnesses. Only in the case of an emergency occurring during a round of competition may a
team participate with less than six members. In such a case, a team may continue the round by
making substitutions to achieve a two attorney/three witness composition.

Given the scoring system at the three-round State competition, it is not guaranteed that
each team will present both sides of the case. However, each team will participate in two rounds.

If an emergency causes a team to use less than three attorneys, the team may be penalized
by reduction of points for that round or may be caused to forfeit the round, depending upon the
nature of the emergency. Final determination of emergency, forfeiture, or scoring record will be
made by the Coordinator(s) for the respective competition.

Rule 3.4: Team Duties – Team members are to evenly divide their duties. Each of the
three attorneys will conduct one direct examination and one cross-examination. In addition, one
will present the opening statements and another will present the closing arguments. In other
words, the following attorney duties are to be evenly distributed:

1. Opening Statements
2. Direct Examination of Witness #1
3. Direct Examination of Witness #2
4. Direct Examination of Witness #3
5. Cross Examination of Witness #1
6. Cross Examination of Witness #2
7. Cross Examination of Witness #3
8. Closing Argument (including Rebuttal) [See Rule 4.5]

Opening Statements must be given by both sides at the beginning of trial.

The attorney who examines a particular witness on direct examination is the only
person who may object while the opposing attorney is questioning that witness on cross-
examination, and the attorney who cross-examines a witness is the only one permitted to make
objections during the direct examination of that witness.
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 Each team must call three witnesses. Witnesses may only be called by their own team
during its case-in-chief and then cross-examined by the opposing side. Witnesses may not be
recalled by either side.

Rule 3.5: Team Roster – Copies of the team roster form must be completed and
duplicated by each team prior to arrival at the courtroom for each round of competition. Teams
must be identified by the code assigned at registration. No information identifying team origin
should appear on the form. Before beginning a trial, the teams must exchange copies of the team
roster form. The form should identify the gender of each witness so that references to such
parties will be made in the proper gender. Copies of the team roster form should also be made
available to the judging panel and presiding judge before each round.

D. THE TRIAL

Rule 4.1: Courtroom Setting – The plaintiff/prosecutor team shall be seated closest
to the jury box. No team shall rearrange the courtroom without prior permission of the judge.

Rule 4.2: Stipulations – Stipulations shall be considered part of the record and already
admitted into evidence.

Rule 4.3: The Record – Stipulations, the indictment (if applicable), or the charge to the
jury will not be read into the record.

Rule 4.4: Swearing of Witnesses – The following oath may be used before
questioning begins:
“Do you promise that the testimony you are about to give will faithfully
and truthfully conform to the facts and rules of the mock trial
competition?”

The swearing of witnesses will occur in one of two ways. Either the presiding judge will
indicate all witnesses are assumed to be sworn, or the above oath will be conducted by (a) the
presiding judge, (b) a bailiff, or (c) the examining attorney. The presiding judge will indicate
which method will be used during all rounds of the current year’s tournament. Witnesses may
stand or sit during the oath.

Rule 4.5: Trial Sequence and Time Limits

The trial sequence and time limits are as follows:
1. Opening Statement: 5 minutes per side
2. Direct and Re-direct Examination: Optional 30 minutes per side
3. Cross and Re-cross Examination: Optional 15 minutes per side
4. Closing Argument: 5 minutes per side

The prosecution/plaintiff gives its opening statement and closing argument first. The
16
prosecution/plaintiff may reserve a portion of its closing time for a rebuttal, but rebuttal is
limited to the scope of the defense’s closing argument.

Attorneys are not required to use the entire time allotted to each part of the trial. Time
remaining in one part of the trial may not be transferred to another part of the trial.

Rule 4.6: Timekeeping – Time limits are mandatory and will be strictly enforced. Each
team is required to have its own timekeeper and timekeeping aids and may use its own
timekeeper and timekeeping aids even if an “official timekeeper” is used in the regional
competitions. However, if an official timekeeper is assigned to a particular trial, then that
timekeeper’s tally of the duration of the presentation is “official” and final. Student/team
timekeepers may not use cell phones, iPads, tablets, or other “smart” devices to keep time.

Time for objections, extensive questioning from the judge, or administering the oath will
not be counted as part of the allotted time during examination of witnesses and opening and
closing statements. Time does not stop for introduction of exhibits.

Rule 4.7: Time Extensions – The presiding judge has sole discretion to grant time
extensions. If time has expired and an attorney continues without permission from the Court,
each scoring judge may elect to discount points for exceeding the time limit.

Rule 4.8: Motions Prohibited – No motions may be made.

Rule 4.9: Sequestration – Teams may not invoke the rule of sequestration.

Rule 4.10: Bench Conferences – Bench conferences may be granted at the discretion of
the presiding judge, but should be made from the counsel table in the educational interest of
handling all matters in open court. If the presiding judge orders the jury out of the room, the
jury (performance judges) should remain in order to score the student-attorneys on their
performances.

Rule 4.11: Supplemental Material/Costuming – Teams may refer only to materials

included in the trial packet. No illustrative aids of any kind may be used unless provided in the
case packet. No enlargements of the case materials will be permitted. Absolutely no props or
costumes are permitted unless authorized specifically in the case materials. Costuming is defined
as hairstyles, clothing, accessories, and makeup which are case specific. No computers, cellular
phones, iPads, tablets, or other electronic equipment may be used by any team for any reason
during any round of competition.

The only documents which the teams may present to the presiding judge or scoring panel
are the predesignated exhibits, as they are introduced into evidence, and the team roster forms.
Exhibit notebooks are not to be provided to the presiding judge or scoring panel.

Rule 4.12: Trial Communication – Coaches, teachers, alternates, guests, and spectators
shall not talk to, signal, communicate with, or coach their teams during the trial. This rule
remains in force in the event of an emergency recess. Team members may communicate among
themselves during trial; however, no disruptive communication is allowed. Signaling of time by
17
the teams’ timekeepers shall not be considered a violation of this rule.

Coaches, teachers, alternates, and spectators must remain outside the bar in the spectator
section of the courtroom. Only team members participating in a particular round may sit inside
the bar and communicate with each other. All cellular and/or tablet devices should be turned off
during the competition.

Rule 4.13: Viewing a Trial – Team members, alternates, attorney/coaches, teacher-

sponsors, and any other persons directly associated with a mock trial team, except for those
authorized by the Committee, are not allowed to view other teams compete in the State
Competition as long as their team remains in the competition. If one school has more than one
team competing in the State Competition, the attorney/coaches may not view more than one team
compete per round (there shall be no “scouting” of a team’s possible opponent by any team
members, alternates, attorney/coaches, teacher-sponsors, or any other persons directly associated
with a mock trial team).

Rule 4.14: Videotaping/Photography – Any team has the option to refuse participation
in videotaping, tape recording, and still photography by opposing teams. Media coverage will be
allowed by the two teams in the championship round.

Rule 4.15: Jury Trial – The case will be tried to a jury, and arguments are to be made
to judge and jury. Teams may address the performance/scoring judges as the jury.

Rule 4.16: Standing During Trial – Unless excused by the judge, attorneys will stand
while giving opening and closing statements, during direct and cross examinations, and for all
objections.

Rule 4.17: Objections During Opening Statement/Closing Argument – No

objections may be raised during opening statements or closing arguments. If a team believes an
objection would have been proper during the opposing team’s opening statement or closing
argument, one of its attorneys may, following the opening statement or closing argument, stand
to be recognized by the judge and state, “If I had been permitted to object during the opening
statement/closing argument, I would have objected to the opposing team’s statement that
_______________.” The presiding judge will not rule on the “objection.” Presiding and
performance/scoring judges will weigh the “objection” individually. No rebuttal by the opposing
team will be heard.

Rule 4.18 Objections

1. Argumentative: An attorney shall not ask argumentative questions; however, the

court may, in its discretion, allow limited use of argumentative questions on cross
examination.

2. Lack of Proper Predicate/Foundation: Attorneys shall lay a proper foundation prior

to moving for the admission of evidence. After the exhibit has been offered into
evidence, the exhibit may still be objected to on other grounds.
18
 3. Assuming Facts Not in Evidence: Attorneys may not ask a question that assumes
unproven facts. However, an expert witness may be asked a question based upon
stated assumptions, the truth of which is reasonably supported by evidence
(sometimes called a “hypothetical question”).

4. Questions Calling for Narrative or General Answer: Questions must be stated to call
for specific answer. (Example of improper question: “Tell us what you know about
this case.”).

5. Non-Responsive Answer: A witness’s answer is objectionable if it fails to respond

to the question asked.

6. Repetition: Questions designed to elicit the same testimony or evidence previously

presented in its entirety are improper if merely offered as a repetition of the same
testimony or evidence from the same or similar source.

Teams are not precluded from raising additional objections which are available under
the National High School Mock Trial Championship Rules of Evidence (See
Appendix).

***
Rule 4.20: Procedure for Introduction of Exhibits – As an example, the following
steps may be used to effectively introduce evidence:

1. All evidence should be pre-marked as exhibits.

2. Ask the presiding judge for permission to approach the bench. Show the presiding
judge the marked exhibit. Do this while saying, “Your honor, may I approach the
bench to show you what has been marked for identification as Exhibit No. ?”

3. Wait for the judge’s response while showing the exhibit to opposing counsel.
4. Ask for permission to approach the witness and wait for the judge’s response. Give
the exhibit to the witness while saying, “I am handing you what has been marked for
identification as the plaintiff/the defendants’ Exhibit No. .”

5. Ask the witness to identify the exhibit (tell you what it is) by asking, “Would you
identify this please?”

6. Witness answers with identification only.

7. Offer the exhibit into evidence by saying, “Your Honor, we offer, file and introduce
into the record Exhibit No.___. The authenticity of this exhibit has been stipulated.”

8. Court: “Is there an objection?” If opposing counsel does not believe that a proper
19
 foundation has been laid, he should object at this time.

9. Opposing Counsel: “No, your Honor.” Or “Yes, your Honor.” If the response is
“yes”, the objection will be stated on the record.

10. Court: “Is there any response to the objection?” You must respond to the objection
or advise the Court that you will lay a proper foundation.

11. Court: “Exhibit No ___ is/is not admitted into evidence.”

Rule 4.21: Use of Notes – Attorneys may use notes when presenting their cases, but it
is important to learn your questions and know your case without memorizing your questions like
a speech. Reading from notes is very ineffective and can reduce your score. Always
remember to listen to the witnesses’ answers and adjust your questions accordingly. Witnesses
are not permitted to use notes while testifying during trial. Attorneys may consult with each
other at counsel table verbally or through the use of notes. No computers, cellular phones, iPads,
or tablets may be used in the competition for this purpose.

Rule 4.22: Redirect/Re-cross Examinations – Re-direct and Re-cross examinations

are permitted, provided they conform to the restrictions in Rule 611(d) in the National High
School Mock Trial Rules of Evidence (Mock Trial Version).

Rule 4.23: Scope of Closing Arguments – Closing Arguments must be based on the
actual evidence and testimony presented during the trial.

Rule 4.24: The Critique – The judging panel is allowed ten (10) minutes for debriefing.
The timekeeper will monitor the critique following the trial. Presiding judges are to limit critique
sessions to a combined total of ten (10) minutes. There is no critique in the championship round.
Judges shall not make a ruling on the legal merits of the trial. Judges may not inform the students
of score sheet results.

Rule 4.25: Offers of Proof – No offers of proof may be requested or tendered.

E. JUDGING AND TEAM ADVANCEMENT

Rule 5.1: Finality of Decisions – All decisions of the judging panel are final.
Rule 5.2: Composition of Judging Panels – The judging panel will consist of at least
three members. The composition of the judging panel and the role of the presiding judge will be
at the discretion of the Regional Coordinator or the Committee, with the same format used
throughout the competition, as follows:

1. One presiding judge and two performance/scoring judges (all three of

whom complete score sheets); or

2. One presiding judge and three performance/scoring judges (only the

20
 performance/scoring judges complete score sheets); or

3. One presiding judge and two performance/scoring judges (only the

performance/scoring judges complete score sheets and the presiding judge
completes a form which selects only the winner and does not assign point totals for
either team).

The performance/scoring judges may be persons with substantial mock trial coaching or
scoring experience or attorneys. Each scoring panel shall include at least one attorney. The
presiding judge shall be an attorney. At the discretion of the Regional Coordinator or Committee,
the Championship round may have a larger panel. All presiding and performance/scoring judges
shall receive the mock trial manual, a memorandum outlining the case orientation materials, and
a briefing in a judges’ orientation.

Rule 5.3: Score Sheets/Ballots – The term “ballot” refers to the form on which each
individual performance/scoring judge records his/her decision regarding which team made
the best presentation in each round. The term “score sheet” is used in reference to the form
used to record speaker and team points. Score sheets are to be completed individually by the
performance/scoring judges. Performance/scoring judges are not bound by the rulings of the
presiding judge. The team that earns the highest points on an individual judge’s score sheet is
the winner of that ballot. The team that receives the majority of the three ballots wins the round.
The ballot votes determine the win/loss record of the team for power-matching and ranking
purposes. While the judging panel may deliberate on any special awards, (i.e., Outstanding
Attorney/Witness) the judging panel should not deliberate on individual scores.

Rule 5.4: Completion of Score Sheets – Each performance/scoring judge shall record a
number of points (1-10) for each team’s presentation of the trial. At the end of the trial, each
performance/scoring judge shall add each team’s individual points to arrive at the team’s total
score.

Rule 5.5: Team Advancement – Teams will be ranked based on the following criteria,
in this order:

1. At the Regional Competition, the method of advancement will be dictated by

the number of teams participating. All teams must compete in at least 2
rounds.

2. At the State Competition, all teams will compete in at least two rounds, and
teams will be rated based on the following criteria:

i. Win/Loss record – the number of rounds won or lost by a

team;
ii. Total number of ballots – the number of scoring judges’ votes
a team earned in preceding rounds;
iii. Total number of points accumulated in each round; and
iv. Point spread against opponents – the point spread is the
21
 difference between the total points earned by the team whose
tie is being broken less the total points of that team’s
opponent in each previous round. The greatest sum of each
point spread will break the tie in favor of the team with the
largest cumulative point spread. All teams will compete in
at least 2 rounds, and winners in each round will be matched
against winners in the previous round.

Rule 5.6: Power Matching/Seeding – A random method of selection will determine

opponents in the first round. A power-match system will determine opponents for all other
rounds. The two teams emerging with the strongest record from the initial rounds will advance
to the final round. The first-place team will be determined by ballots from the championship
round only.

Power matching will provide that:

1. Parings for the first round will be random;
2. Brackets and sub-brackets will be determined by win/loss record. If the
number of teams in a win/loss bracket is equal to or greater than twelve (12),
the bracket will be split in half to create two sub-brackets for power-
matching purposes only. Sorting within brackets and sub-brackets will be
determined in the following order: (1) win/loss record; (2) ballots; (3) total
points; then (4) point spread. The team with the highest number of ballots in
the bracket or sub-bracket will be matched with the team with the lowest
number of ballots in the bracket or sub-bracket; the next highest, with the
next lowest, and so on until all teams are paired.
3. If there is an odd number of teams in a bracket or sub-bracket, the team at
the bottom of that bracket or sub-bracket will be matched with the top team
from the next lower bracket or sub-bracket.
4. Teams will not meet the same opponent twice.
5. To the greatest extent possible, teams will alternate side presentation in
subsequent rounds. Bracket and sub-bracket integrity in power matching
will supersede alternative side presentation.

Rule 5.7: Selection of Sides for Championship Round -- The following

procedure shall be used to determine which team will represent which side in the
Championship Round:

1. The team with the letter/numerical code which comes first will be considered the
“Designated Team.”

2. The coin will be tossed by a designee of the Regional Coordinator or the

Committee.

3. If the coin comes up heads, the Designated Team shall represent the
plaintiff/prosecution in the Championship Round. If the coin comes up tails, the Designated
Team shall represent the defendant.

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 Rule 5.8: Effect of Bye/Default – A “bye” becomes necessary when an odd
number of teams are present for the tournament. The Regional Coordinator or the Committee
has the discretion to decide how to handle a bye in all rounds of the tournament, which may
include the following procedure:

The team drawing the “bye” in round one will, by default, be awarded a win, three
ballots, and the average number of points for all round one winners, which total will be adjusted
at the end of the round to reflect the actual average earned by the team.

The team drawing a “bye” in subsequent rounds will, by default, receive a win
and three ballots for that round. For the purpose of power matching, the team will temporarily
be given points equal to the average of its own points earned in its preceding trials. At the end
of the final round preceding the championship round, the average from all actual rounds
participated in by the team will be used for the total points given for that team’s bye round.

F. DISPUTE RESOLUTION
Rule 6.1: Reporting a Rules Violation Inside the Bar – Disputes which
involve students competing in a round and occur within the bar must be filed immediately
following the conclusion of that trial round. Disputes must be brought to the attention of the
presiding judge at the conclusion of the trial.

If any team believes that a substantial violation of the rules has occurred, a student-
attorney must indicate that the team intends to file a dispute. The scoring panel will be excused
from the courtroom, and the presiding judge will provide the student-attorney with a dispute
form on which the student will record, in writing, the nature of the dispute. The student may
communicate with counsel and/or student witnesses before lodging the notice of dispute or in
preparing the form.

At no time in this process may team sponsors or coaches communicate or consult with
the student-attorneys. Only student-attorneys may invoke the dispute procedure.

Rule 6.2: Dispute Resolution Procedure – The presiding judge will review the
written dispute and determine whether the dispute should be heard or denied. If the dispute is
denied, the judge will record the reasons for the denial, announce her/his decision to the Court,
retire to complete his/her score sheet (if applicable), and submit the dispute form with the score
sheets. If the judge feels the dispute merits a hearing, the form will be shown to opposing counsel
for their written response.

After the team has recorded its response and transmitted it to the judge, the judge will
ask each team to designate a spokesperson. After the spokespersons have had time (not to exceed
three minutes) to prepare their arguments, the judge will conduct a hearing on the dispute,
providing each team’s spokesperson with three minutes for a presentation. The spokespersons
may be questioned by the judge. At no time in this process may team sponsors or coaches
communicate or consult with the student-attorneys.

After the hearing, the presiding judge will adjourn the court and retire to consider her/his
23
ruling on the dispute. That decision will be recorded in writing on the dispute form with no
further announcement.

Rule 6.3: Effect of Violation on Score – If the presiding judge determines that
a substantial rules violation has occurred, the judge will inform the scoring judges of the dispute
and provide a summary of each team’s argument. The scoring judges will consider the dispute
before reaching their final decisions. The dispute may or may not affect the final decision, but
the matter will be left to the discretion of the scoring judges.

Rule 6.4: Reporting of Rules Violations Outside the Bar – Disputes which
occur outside the bar only during a trial round may be brought by teacher-coaches or attorney-
coaches exclusively. Such disputes must be made promptly to a trial coordinator or a member
of the Committee, who will ask the complaining party to complete a dispute form. The form will
be taken to the tournament’s communications center, whereupon a dispute resolution panel will
(a) notify all pertinent parties; (b) allow time for a response, if appropriate; (c) conduct a hearing;
and (d) rule on the charge. The dispute resolution panel may notify the judging panel of the
affected courtroom of the ruling on the charge or may assess an appropriate penalty. The dispute
resolution panel will be comprised of individuals designated by the Regional Coordinator or the
Committee.

SUGGESTIONS FOR TEACHER-COACHES

SUGGESTED PREPARATION TIME: 2-4 weeks of daily meetings OR 2-3

meetings a week for 2-3 months

Work with student-attorneys, concentrating on what should be covered in an opening

statement and a closing statement. Give them ideas, but don’t write the statements for them.
Ask members of the team what they think should be included in the opening and closing
statements. Student-witnesses are called to the stand; student-attorneys examine them. Have
other team members make suggestions.

If time allows, practice opening and closing statements, how to lay the foundation for
exhibits, and what to do when the opposition objects to a question. Your attorney-coach will be
an important resource to help you understand these procedures. When practicing for the trial,
allow students to act as the presiding judge and opposing counsel.

Attorney-Coach Assistance:
Students need to understand the legal terminology of the entire case. It is to your team’s
advantage to have an attorney-coach. Obtain an attorney-coach from your community. If you
do not know any attorneys, contact the Regional Coordinator in your parish and he/she will make
efforts to secure a volunteer attorney-coach for your team.

Meet early with your attorney-coach. Review the points of the case and establish your
strategy. Include all of the members of your team in these discussions so that they understand
24
the case. Your attorney-coach will help student-attorneys prepare key questions for direct and
cross-examination. The attorney-coach should also question the witnesses to ensure that they
know and understand their roles and points of law. Practice trials should be conducted with your
attorney-coach and should include both direct and cross-examination in a courtroom setting.

General Suggestions:

Your team will benefit from observing a real trial before competing in the Mock Trial
Competition. Contact the Clerk of Court for the court in your parish to find out when a trial is
scheduled at the courthouse. The public is allowed to attend most trials.

Many mock trial materials and examples of mock trial methods are available on the
internet. An attorney-coach and/or a teacher-coach may be able to find suitable examples of
opening/closing statements and direct/cross examination methods.

SUGGESTIONS FOR ATTORNEY-COACHES

SUGGESTED PREPARATION TIME: Five two-hour sessions before the

trial
SUGGESTED PLACE FOR MEETING: Meet in a local courtroom to help the students feel
comfortable in a courtroom setting. Courtrooms are usually available in the evenings;
arrangements may be made with the clerk of the district court.

PROPS: An easel or blackboard for visual aids that explain trial procedure
concepts.
FIRST
SESSION
1. Distribute information packets and instruct the team to read all the materials between
the first and second meetings.
2. Explain trial procedures, i.e., opening and closing statements, direct examination, cross
examination, calling witnesses, and making and responding to objections

SECOND
SESSION
1. Determine the factual basis for the case.
2. Put the students on the stand with their notes then conduct a direct examination to
show team members how it’s done.
THIRD
SESSION
1. Go through the trial, concentrating on what should be covered in an opening statement
25
 and closing argument. Give the students ideas, but do not write the statements for them.
Ask members of the team what they think should be included in the opening and closing
statements.
2. Call witnesses to the stand and allow student-attorneys to examine them. Encourage
other team members to make suggestions.

SUBSEQUENT
SESSIONS
1. Examine the opposition’s witnesses and locate possible areas where objections may
occur; look for other areas that your team’s attorneys might want to focus on during
cross examination.
2. If time allows, practice opening and closing statements, how to lay foundation for
exhibits, what to do when opposing counsel objects to a question.

GUIDELINES FOR STUDENT-ATTORNEYS

I. GENERAL SUGGESTIONS
Trial attorneys control the presentation of evidence at trial and argue the merits of their
side of the case. They introduce evidence and question witnesses to bring out the facts
surrounding the allegations.

The Plaintiff attorneys present the case for the Plaintiff. By questioning witnesses, they
will try to convince the jury that a preponderance of the evidence shows that the Louisiana
Department of Transportation is responsible for the damages sustained by the Plaintiff.

The Defense attorneys present the case for the Louisiana Department of Transportation.
They will offer their own witnesses to present the defendant’s version of the facts. The defense
may undermine the Plaintiff’s case by showing that the Plaintiff’s witnesses are unreliable or
that their testimony does not make sense or is inconsistent. They will also try to show that the
Plaintiff or a third party was primarily responsible for the damages sustained by the Plaintiff.

Attorneys on both sides should:

o Always be courteous to witnesses, other attorneys, and the presiding judge.

o Always stand when addressing the judge, questioning witnesses, and arguing or
asserting objections. Also, stand when the judge enters or leaves the room.

o Dress appropriately — this may mean a coat and tie for gentlemen and a dress or
suit for ladies.

o Always respond with “Your Honor” when addressing the judge. For example,
when responding to a question you should reply, “Yes, Your Honor” or “No,
26
 Your Honor” as appropriate.

o Student-attorneys should not make objections when it is unlikely that the judge
will agree with the objection. Also, keep in mind that judges often do not like
constant objections; numerous objections disrupt the flow of the trial. Finally,
be able to explain the reason and basis for any objection.

o If the presiding judge rules against you on an objection, an argument, or in the

overall case, take defeat gracefully.

o If an objection is made and the presiding judge sustains the objection, it means
that he agrees with the objection and believes that the question is improper. The
question cannot be answered, and the questioning attorney must move on.

o If an objection is made and the presiding judge overrules the objection, it means
that he does not agree with the objection and he believes the question is proper.
The questioning attorney may continue.

II. OPENING STATEMENTS

Objective: To acquaint the jury with the case and outline what you are going to prove through
witness testimony and the admission of evidence.

Method: Student-attorneys will introduce the judge and jury to themselves, their client,
and the case by revealing the following in a clear and concise manner:

1. Name of case.
2. Name of attorney.
3. Name of client.
4. Name of colleagues.
5. A short summary of facts.
6. Mention of the burden of proof (the amount of evidence needed to prove
a fact) and who has it.
7. A clear and concise overview of the witnesses and physical evidence
that you will present, stating how each will help improve your case.

27
Other suggestions:
● Learn your case thoroughly (facts, law, burdens, etc.)

● Never promise to prove anything that you will not or cannot prove using the evidence
and testimony contained in this handbook.

● Proper phrasing in opening statements includes: “The evidence will indicate that…”;
“The facts will show that…”; “Witnesses [use full names] will be called to tell…”; and
“The defendant will testify that…”.

● Write a clear, concise, and well organized statement and memorize it. Do not read it at
trial.

● It is essential that you appear to have confidence in your case.

● Eye contact with the jury is recommended. Do not read from prepared materials. Use
your notes sparingly. You should always appear confident.

● Use the future tense when describing what you will do (e.g. “The facts will show…” or
“Our witnesses’ testimony will prove…” etc.)

III. DIRECT EXAMINATION

Objective: 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 witnesses’ credibility.

Method: Call for the witness with a formal request such as “Your Honor, I would like to
call [full name of witness] to the stand.” The clerk will then swear in the witness.
Student-attorneys will elicit from witnesses relevant facts that are favorable to
their theory of the case. Consider the following:

1. Isolate the information that each witness can contribute to your case and
prepare a series of questions designed to get that information.
2. Make sure all items that you need to prove your case will be presented
through your witnesses.
3. Use clear and simple questions.
4. Elicit information through questions and answers.
5. Never ask a question to which you don’t know the answer.
6. Keep the witness from rambling about unimportant matters
Other suggestions:
● Avoid asking leading questions that require only a “yes” or “no” answer. Leading
questions are only allowed during cross-examination.

28
 ● Practice with your witnesses.

● Don’t ask questions requiring opinion testimony, unless the witness has been certified as
an expert by the court.

Advice in Developing and Presenting Favorable Testimony:

● Try to ask only the questions that you practiced with your witnesses and ask a limited
number.

● 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.

● 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 “1”, etc. After you use the exhibit, if it helps your
case, ask the judge to admit it as evidence.

● Be prepared to respond to objections from opposing

counsel.

Suggestions for the Opposing Side:

● Listen closely to the testimony that is being introduced.

● Object to testimony or introduction of evidence when necessary.

● Write down pertinent testimony and prepare for cross-examination of

witnesses.

IV. CROSS-EXAMINATION

Objective: 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.

Method: Student-attorneys will examine the opponent’s witnesses and elicit relevant facts
that are intended to discredit that witness or the opponent’s theory of the case.
Consider the following:
29
 1. An attorney should attempt to explain, modify, or discredit that which
has been introduced as evidence.

2. Use narrow, leading questions.

3. Do not have a witness repeat a statement unless you are leading

somewhere.

Suggested Types of Questions to ask:

● Questions to 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
he/she has hated the defendant since childhood).

● Questions to weaken the testimony of the witness by showing his/her testimony is

questionable because of poor perception (e.g. a witness who has poor eyesight claims to
have observed all the details of a fight that took place 500 feet away in a crowded room).

● Questions to show that an expert witness or even a lay witness who has testified to an
opinion is not competent or qualified because he or she does not have the proper training
or experience (e.g., a psychiatrist testifying to 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 tarnish the witness’ credibility by showing that he/she gave a contrary
statement earlier (e.g., the witness’ testimony is different from what he or she testified
to during the pre-trial hearing).

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.

● Never ask anything but a leading question (questions that suggest the answers and
usually only require a “yes” or “no” answer).

● Be brief. Don’t ask so many questions that well-made points are lost. Prepare short
questions using easily understood language.

30
 Advice in Presenting an Effective Cross-Examination:

● 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 an opportunity to reemphasize the strong points made during
direct examination.

● Don’t quarrel or bicker with the witness.

● Don’t harass or intimidate the witness with the questions that you ask him or her. Know
your case inside and out.

● Do not read the entire presentation; look at the witness, the judge, and the jury.

V. RE-DIRECT AND RE-CROSS EXAMINATION

If either attorney wishes, he/she can conduct a redirect or re-cross examination. This is
most often done to re-establish or again discredit a witness’ statements.

VI. CLOSING STATEMENTS

Objective: To provide a clear and persuasive summary of the evidence you presented
to prove the case and the weaknesses of the other side’s case.

Method: Student-attorneys will address the judge and jury and summarize their
theory of the case. Consider the following:

1. Thank the jury for their time and attention.

2. Isolate the issues and describe briefly how your presentation resolved those
issues.
3. Review the witness testimony. Outline the strengths of your side’s witness and
also the weaknesses of the other side’s witnesses. Remember to adapt your final statement to
reflect what the witness actually said rather than the anticipated testimony. Closing statements
should not be composed entirely before trial since they should highlight the important
developments which occurred during trial. Relaxed and informal statements are likely to be more
effective.
4. Review the physical evidence. Outline the strengths of your evidence and the
anticipated weakness of the other side’s evidence. This too must be adapted at trial.
5. State the applicable statutes and any cases that support your side.
6. Remind the jury of the required burden of proof (amount of evidence needed to
prove a fact). If you are the attorney for the plaintiff/prosecution, you must tell the jury how you
have met that burden. If you are the attorney for the defense, you must tell the jury how the other
side has failed to meet its burden.
7. Argue your case by stating how the law applies to the facts as you have proven
31
them.
8. Don’t forget to request the verdict/remedy you desire.

Other suggestions:

● Be sure your statement is well organized.

● Rehearse as much as possible.

Advice in Presenting an Effective Closing Argument:

● 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 cannot anticipate
everything perfectly before the actual presentation of the case.

● Argue your side, but do not appear to be vindictive. Fairness is important.

● Be relaxed and ready for interruptions by certain judges who like to ask questions during
closing statements.

● Do not make objections during the other side’s closing argument. Do not read your
presentation.

● Maintain eye contact with the jury

● SUGGESTIONS FOR STUDENT-WITNESSES

●

GENERAL SUGGESTIONS

● If you are going to testify about records, familiarize yourself with them before
coming to trial.

● Do not try to memorize what you will say in court, but try to recall what you observed
at the time of the incident.

● When you are called to the stand, don’t be nervous. There is no reason to be.

● You will be asked to take an oath to tell the truth. Remember the seriousness of this oath
during the entire time you are testifying. If you willfully fail to tell the truth while
testifying, you will be subject to penalties for perjury.

● If asked whether you have discussed the case with anyone, you should indicate any
occasion that you have talked with the prosecutor, the defense attorney, or anyone else.

● When answering questions, speak clearly so you will be heard. The judge must hear and
32
 record your answer; therefore, do not respond by shaking your head.

● Listen carefully to the questions. Before you answer, make sure you understand what
was asked. If you do not understand, ask that the question be repeated.

● Do not give your personal opinions 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 you do not know.

● If you realize you have answered a question incorrectly, ask the judge if you may correct
your mistake.

● If the judge interrupts or an attorney objects to your answer, stop answering immediately.
Likewise, if an attorney objects to a question, do not begin your answer until the judge
tells you to continue.

● Be polite while answering the question. Do not lose your temper with the attorney
questioning you.

● Always be courteous to witnesses, other attorneys, and the judge.

● Always stand when the judge enters or leaves the room.

● Dress appropriately (this may mean coat and tie for gentlemen and dresses or equivalent
for ladies) or other appropriate attire for your character, but remember, no costumes.

● Always say, “Yes, Your Honor” or “No, Your Honor” when answering a judge’s
question.

● If the judge rules against you in the case, take the defeat gracefully and be cordial to the
judge and the other side.

CRITERIA FOR EVALUATING PERFORMANCE

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The Performance/Scoring Judge scores student performance in each category-NOT on legal
merits of the case. Points will be awarded using the following criteria:

Points Performance Criteria

1-2 Not Effective Disorganized, unsure of self, illogical,

uninformed, demonstrates lack of
preparation and understanding of task,
simply ineffective in communication.

3-4 Fair Minimal performance and preparation;

performance is passable but lacks depth in
terms of knowledge of task and materials;
communication lacks clarity and conviction.

5-6 Good Good; Acceptable; fundamental understanding

of task can perform outside the script, but with
less confidence than when using the script;
grasps major aspects of the case, but does not
convey a mastery of the case; communications
are clear and understandable, but could be
stronger on fluency and persuasiveness.

7-8 Excellent Presentation is fluent, persuasive, clear and

understandable; organizes materials and
thought well and exhibits a mastery of the
case and of the materials provided;
presentation was both believable and
skillful.
9-10 Outstanding Spectacular performance; thinks well on feet;
logical, keeps poise under stress; performance
was resourceful, original and innovative; can
sort out essential from non-essential uses of
time effectively, to accomplish major
objectives know how to emphasize vital
points of trial and emphasize them.

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Student participants should also be mindful of the following considerations which the
Performance/Scoring Judges may take under consideration when considering their scores:

Opening Statements: Did the student-attorney:

Provide a case overview;
Mention the key witnesses;
State the relief requested;
Provide a clear and concise description of his or her case?

Direct Examination: Did the student-attorney:

Use properly phrased questions (who, what, where, and how);
Use proper courtroom procedure;
Demonstrate an understanding of the factual and legal issues;
Properly introduce and use evidence;
Defend objections in clear, concise and well-reasoned terms;
Use time effectively;
Comply with all rules of the competition and the spirit of fair play?

Cross Examination: Did the student-attorney:

Use leading questions;
Properly and effectively impeach witnesses;
Raise proper objections;
Assert well-reasoned bases for objections raised;
Demonstrate knowledge and familiarity with the Rules of Evidence;
Refrain from asserting objections in a disruptive manner;
Act courteously to the opponent;
Comply with all rules of the competition and the spirit of fair play?

Witnesses: Did the student-witness:

Appear credible;
Demonstrate a knowledge and familiarity with the facts;
Respond spontaneously (not rehearsed);
Seem poised;
Observe proper courtroom decorum?

Closing Statement: Did the student-attorney:

Summarize the evidence;
Emphasize the supporting points of his or her own case and point out weaknesses in the
opponent’s case;
Concentrate on the important facts, not the trivial;
Apply the applicable law;
Respond to the judge’
Respond to the judge’s questions with poise and confidence?

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 SCORE SHEET

Plaintiff (color): Defense (color):

Date: Round:
Using the below scale (1-10), please rate the plaintiff (P) and defense (D) in the categories below.

Not Effective Fair Good Excellent Outstanding

1 2 3 4 5 6 7 8 9 10

Plaintiff Defense
Item Score Item Score
Opening Statements Opening Statements
PLAINTIFF’S 1ST WITNESS
∙ Direct Examination ∙ Cross Examination
PLAINTIFF’S 1ST WITNESS
∙ Witness Performance
PLAINTIFF’S 2ND WITNESS
∙ Direct Examination ∙ Cross Examination
PLAINTIFF’S 2ND WITNESS
∙ Witness Performance
PLAINTIFF’S 3RD WITNESS
∙ Direct Examination ∙ Cross Examination
PLAINTIFF’S 3RD WITNESS
∙ Witness Performance

DEFENDANT’S 1ST WITNESS

∙ Cross Examination ∙ Direct Examination
DEFENDANT’S 1ST WITNESS
∙ Witness Performance
DEFENDANT’S 2ND WITNESS
∙ Cross Examination ∙ Direct Examination
DEFENDANT’S 2ND WITNESS
∙ Witness Performance
DEFENDANT’S 3RD WITNESS
∙ Cross Examination ∙ Direct Examination
DEFENDANT’S 3RD WITNESS
∙ Witness Performance
Closing Arguments Closing Arguments

Plaintiff Total Defendant Total

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Please vote for the student you think was the best attorney and the best witness in this trial. Please
identify student by his or her name. Best Attorney: ________ Best Witness:_______________

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 TIMEKEEPER SHEET

Plaintiff: Defense:

Date: Round:

Plaintiff Defendant
Item Time Item Time
Opening Statements- 5 mins Opening Statements- 5 mins

PLAINTIFF’S DIRECT EXAMINATION DEFENDANT’S CROSS EXAM OF

OF ITS WITNESSES- 30 mins total PLAINTIFF’S WITNESSES- 15 mins total
PLAINTIFF’S 1ST WITNESS
∙ Direct Examination ∙ Cross Examination
PLAINTIFF’S 1ST WITNESS
∙ Redirect Examination ∙ Recross Examination
PLAINTIFF’S 2ND WITNESS
∙ Direct Examination ∙ Cross Examination
PLAINTIFF’S 2ND WITNESS
∙ Redirect Examination ∙ Recross Examination
PLAINTIFF’S 3RD WITNESS
∙ Direct Examination ∙ Cross Examination
PLAINTIFF’S 3RD WITNESS
∙ Redirect Examination ∙ Recross Examination
SUBTOTAL SUBTOTAL
PLAINTIFF’S CROSS EXAM OF DEFENSE’S DIRECT EXAM OF ITS
DEFENSE’S WITNESSES- 15 mins total WITNESSES- 30 mins total
DEFENDANT’S 1ST WITNESS
∙ Cross Examination ∙ Direct Examination
DEFENDANT’S 1ST WITNESS
∙ Recross Examination ∙ Redirect Examination
DEFENDANT’S 2ND WITNESS
∙ Cross Examination ∙ Direct Examination
DEFENDANT’S 2ND WITNESS
∙ Recross Examination ∙ Redirect Examination
DEFENDANT’S 3RD WITNESS
∙ Cross Examination ∙ Direct Examination
DEFENDANT’S 3RD WITNESS
∙ Recross Examination ∙ Redirect Examination
Closing Arguments- 5 mins Closing Arguments- 5 mins

SUBTOTAL SUBTOTAL

Plaintiff Total Defendant Total

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 LOUISIANA HIGH SCHOOL MOCK TRIAL COMPETITION
REGIONAL COMPETITION REGISTRATION FORM

SCHOOL INFORMATION

Name:

Address:

Phone: ( ) Fax: ( )

E-mail:

STUDENT INFORMATION
1. 5.

2. 6.

3. ALT.

4. ALT.

TEACHER SPONSOR(S) INFORMATION

Name: Name:

Work Phone: ( ) Work Phone: ( )

Home Phone: ( ) Home Phone: ( )

E-mail: E-mail:

ATTORNEY-COACH(S) INFORMATION
Name: Name:

Work Phone: ( ) Work Phone: ( )

Home Phone: ( ) Home Phone: ( )

E-mail: E-mail:

RETURN THIS COMPLETED FORM TO YOUR REGIONAL COORDINATOR

NOTE: The Louisiana State Bar Association Young Lawyers Division will partially sponsor the winning
team of the State Competition as Louisiana’s representative at the National Mock Trial Competition.

39
 LOUISIANA HIGH SCHOOL MOCK TRIAL COMPETITION
STATE COMPETITION REGISTRATION FORM

SCHOOL INFORMATION

Name:

Address:

Phone: ( ) Fax: ( )

E-mail:

STUDENT NAMES AND T-SHIRT SIZE

1. 5.

2. 6.

3. ALT.

4. ALT.

TEACHER SPONSOR(S) INFORMATION

Name: Name:

Work Phone: ( ) Work Phone: ( )

Home Phone: ( ) Home Phone: ( )

E-mail: E-mail:

40
 APPENDIX

NATIONAL HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP

RULES OF EVIDENCE
(Mock Trial Version)

&

ADDENDUM – RULES OF THE VIRTUAL COMPETITION (If necessary)

ATTORNEY-COACH(S) INFORMATION
Name: Name:

Work Phone: ( ) Work Phone: ( )

Home Phone: ( ) Home Phone: ( )

E-mail: E-mail:

RETURN THIS COMPLETED FORM TO YOUR REGIONAL COORDINATOR

& SUBMIT A COPY TO THE STATE CHAIRPERSON

41