Mock Trial - Competitive Mock Trial - Procedure

Procedure

The mock trial begins with the judge entering the courtroom. The judge then gives out the instructions to the jury (about what they are to listen to). The judge then lets the prosecution or plaintiff give an opening statement followed by the opening statement of the defense. After the opening statements, examination of the witnesses begins. The prosecution/plaintiff calls their witnesses first. A student competitor attorney for the prosecution/plaintiff does a direct examination of the witness. Once the direct examination is complete, the opposing team may cross-examine the witness. After the cross-examination, if the first team chooses, they may redirect the witness and, likewise, the other team may do a re-cross after this. This process is repeated for the two remaining plaintiff witnesses. Once the prosecution/plaintiff has finished with their witnesses, the process is repeated with the defense witnesses, having the defense attorneys direct and the plaintiff attorneys cross-examine.

Once all of the witnesses have been examined, the trial moves to closing arguments. The prosecutor/plaintiff again goes first. After the defense finishes their closing argument, the plaintiff may give a rebuttal argument if they still have time remaining. In some competitions, the rebuttal is limited to the scope of the defense’s closing argument. Time limits are set at each level of competition to prevent the trials from running too long and to keep rounds of competition running smoothly.