Mock Trial Team Description
The MOCK TRIAL Team will be divided into 2 teams of 19 members in total:
- The PROSECUTION: presents the case for the state against the defendant(s). By questioning witnesses, you will try to convince the judge or jury (juries are not used at state finals) that the defendant(s) is guilty beyond a reasonable doubt. You will want to suggest a motive for the crime and try to refute any defense alibis.
- The DEFENSE: presents the case for the defendant(s). You will offer your own witnesses to present your client’s version of the facts. You may undermine the prosecution’s case by showing that the prosecution’s witnesses are not dependable or that their testimony makes no sense or is seriously inconsistent.
ATTORNEYS (8)
It is the responsibility of the attorneys to make the appropriate objections when witnesses are asked to testify about something that is not generally known or that cannot be reasonably inferred from the Fact Situation or a Witness Statement. |
WITNESSES (8)
You will supply the facts in the case. As a witness, the official source of your testimony, or record, is composed of your witness statement, and any portion of the fact situation, stipulations and exhibits, of which you reasonably would have knowledge. The fact situation is a set of indisputable facts that witnesses and attorneys may refer to and draw reasonable inferences from. The witness statements contained in the packet should be viewed as signed statements made to the police by the witnesses. You may testify to facts stated in or reasonably inferred from your record. If an attorney asks you a question, and there is no answer to it in your official testimony, you can choose how to answer it. You can either reply, “I don’t know” or “I can’t remember,” or you can infer an answer from the facts you do officially know. Inferences are only allowed if they are reasonable. Your inference cannot contradict your official testimony, or else you can be impeached using the procedures outlined in this packet. Practicing your testimony with your attorney coach and your team will help you to fill in any gaps in the official materials (see Unfair Extrapolation" on p. 67.) Prosecution Witnesses:
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CLERK, BAILIFF & UNOFFICIAL TIME-KEEPER
The clerk and bailiff have individual scores to reflect their contributions to the trial proceedings. This does NOT mean that clerks and bailiffs should try to attract attention to themselves; rather, scoring will be based on how professionally and responsibly they perform their respective duties as officers of the court.
In a real trial, the court clerk and the bailiff aid the judge in conducting the trial. The court clerk calls the court to order and swears in the
witnesses to tell the truth. The bailiff watches over the defendant to protect the security of the courtroom. In the mock trial, the clerk and bailiff have different duties. For the purpose of the competition, the duties described above are assigned to the roles of clerk and bailiff.
COURT CLERK (Prosecution team - Timekeeper):
When the judge and scoring attorneys arrive in the courtroom, introduce yourself, explain that you will assist as the court clerk and distribute team roster forms to the opposing team, each scoring attorney and the judge. In the Mock Trial competition, the court clerk’s major duty is to time the trial. You are responsible for bringing a stopwatch to the trial. Please be sure to practice with it and know how to use it when you come to the trials.
An experienced timer (clerk) is critical to the success of a trial. Interruptions in the presentations do not count as time. For direct,
cross, and redirect examination, record only time spent by attorneys asking questions and witnesses answering them.
Do not include time when:
When a team has two minutes remaining in a category, Hold up the two-minute sign; when one minute remains, hold up the one minute sign; when 30 seconds remains, hold up the 30 second sign; and when time for a category has run out, hold up the stop sign and announce “Stop!” The only verbal warning during the trial should be “Stop!” Remember to speak loud enough for everyone to hear you.
Time Allocations: Two Minutes, One Minute, 30 Seconds, Stop
There is to be no allowance for overtime under any circumstance. This will be the procedure adhered to at the state finals. After each witness has completed his or her testimony, mark down the exact time on the time sheet. Do not round off the time.
BAILIFF (Defense team):
When the judge arrives in the courtroom, introduce yourself, explain that you will assist as the court bailiff and distribute team roster forms to the opposing team, each scoring attorney and the judge. In the Mock Trial competition, the bailiff’s major duties are to call the
court to order and to swear in witnesses. Please use the language below.
When the judge has announced that the trial is beginning, say: “All rise, Superior Court of the State of California, County of ,
Department , is now in session. Judge presiding, please be seated and come to order.” Please turn off all cell phones and refrain
from talking.
When a witness is called to testify, you must swear in the witness as follows: “Do you solemnly affirm that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the Mock Trial competition?”
In addition, the bailiff is responsible for bringing to trial a copy of the “Rules of Competition.” In the event that a question arises and the
judge needs further clarification, the bailiff is to provide this copy to the judge.
UNOFFICIAL TIMEKEEPER:
Any official member of the team presenting defense may serve as an unofficial timer. This unofficial timer must be identified before the trial
begins and sit next to the official timer (clerk). If timing variations of 15 seconds or more occur at the completion of any task during the trial, the timers will notify the judge immediately that a time discrepancy has occurred. Any time discrepancies less than 15 seconds are not considered a violation. NO time discrepancies will be entertained after the trial concludes.
Any objections to the clerk’s official time must be made by this unofficial timer during the trial, before the verdict is rendered. The judge shall determine whether to accept the clerk’s time or make a time adjustment. If the times differ significantly, notify the judge and ask for a ruling as to the time remaining. You may use the following sample questions and statements:
“Your honor, before bringing the next witness, may I bring to the court’s attention there is a time discrepancy.
“Your honor, there is a discrepancy between my records and those of the official timekeeper.”
Be prepared to show your records and defend your requests.
TEAM MANAGER:
Your team may also select a member to serve as team manager. Any team member, regardless of his or her official Mock Trial role, may serve as team manager. The manager is responsible for keeping a list of phone numbers of all team members and ensuring that everyone is informed of the schedule of meetings. In case of illness or absence, the manager should also keep a record of all witness testimony and a copy of all attorney notes so that another team member may fill in if necessary.
The clerk and bailiff have individual scores to reflect their contributions to the trial proceedings. This does NOT mean that clerks and bailiffs should try to attract attention to themselves; rather, scoring will be based on how professionally and responsibly they perform their respective duties as officers of the court.
In a real trial, the court clerk and the bailiff aid the judge in conducting the trial. The court clerk calls the court to order and swears in the
witnesses to tell the truth. The bailiff watches over the defendant to protect the security of the courtroom. In the mock trial, the clerk and bailiff have different duties. For the purpose of the competition, the duties described above are assigned to the roles of clerk and bailiff.
COURT CLERK (Prosecution team - Timekeeper):
When the judge and scoring attorneys arrive in the courtroom, introduce yourself, explain that you will assist as the court clerk and distribute team roster forms to the opposing team, each scoring attorney and the judge. In the Mock Trial competition, the court clerk’s major duty is to time the trial. You are responsible for bringing a stopwatch to the trial. Please be sure to practice with it and know how to use it when you come to the trials.
An experienced timer (clerk) is critical to the success of a trial. Interruptions in the presentations do not count as time. For direct,
cross, and redirect examination, record only time spent by attorneys asking questions and witnesses answering them.
Do not include time when:
- witnesses are called to the stand.
- attorneys are making objections.
- judges are questioning attorneys or witnesses or offering their observations.
When a team has two minutes remaining in a category, Hold up the two-minute sign; when one minute remains, hold up the one minute sign; when 30 seconds remains, hold up the 30 second sign; and when time for a category has run out, hold up the stop sign and announce “Stop!” The only verbal warning during the trial should be “Stop!” Remember to speak loud enough for everyone to hear you.
Time Allocations: Two Minutes, One Minute, 30 Seconds, Stop
There is to be no allowance for overtime under any circumstance. This will be the procedure adhered to at the state finals. After each witness has completed his or her testimony, mark down the exact time on the time sheet. Do not round off the time.
BAILIFF (Defense team):
When the judge arrives in the courtroom, introduce yourself, explain that you will assist as the court bailiff and distribute team roster forms to the opposing team, each scoring attorney and the judge. In the Mock Trial competition, the bailiff’s major duties are to call the
court to order and to swear in witnesses. Please use the language below.
When the judge has announced that the trial is beginning, say: “All rise, Superior Court of the State of California, County of ,
Department , is now in session. Judge presiding, please be seated and come to order.” Please turn off all cell phones and refrain
from talking.
When a witness is called to testify, you must swear in the witness as follows: “Do you solemnly affirm that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the Mock Trial competition?”
In addition, the bailiff is responsible for bringing to trial a copy of the “Rules of Competition.” In the event that a question arises and the
judge needs further clarification, the bailiff is to provide this copy to the judge.
UNOFFICIAL TIMEKEEPER:
Any official member of the team presenting defense may serve as an unofficial timer. This unofficial timer must be identified before the trial
begins and sit next to the official timer (clerk). If timing variations of 15 seconds or more occur at the completion of any task during the trial, the timers will notify the judge immediately that a time discrepancy has occurred. Any time discrepancies less than 15 seconds are not considered a violation. NO time discrepancies will be entertained after the trial concludes.
Any objections to the clerk’s official time must be made by this unofficial timer during the trial, before the verdict is rendered. The judge shall determine whether to accept the clerk’s time or make a time adjustment. If the times differ significantly, notify the judge and ask for a ruling as to the time remaining. You may use the following sample questions and statements:
“Your honor, before bringing the next witness, may I bring to the court’s attention there is a time discrepancy.
“Your honor, there is a discrepancy between my records and those of the official timekeeper.”
Be prepared to show your records and defend your requests.
TEAM MANAGER:
Your team may also select a member to serve as team manager. Any team member, regardless of his or her official Mock Trial role, may serve as team manager. The manager is responsible for keeping a list of phone numbers of all team members and ensuring that everyone is informed of the schedule of meetings. In case of illness or absence, the manager should also keep a record of all witness testimony and a copy of all attorney notes so that another team member may fill in if necessary.