1. Tips on Making a Successful Mock Trial

2. Semifinalists 2008

3. Etiquette 101: How to Look, Speak, and Stand Appearance Posture & Gestures of Attorneys & Witnesses Ticks Supplies Be Open-minded Speech Corrections Eye Contact Avoid Nerves Professionalism

4. Opening Statement Structure of an Opening- Introduce yourself, your co-counsel, and your client Must contain the story of the events told from the perspective of the presenting party opponents Have to have a theory of the case ( jealousy, anger, etc.) a Motive Pros- Usually says,” Keep an open mind and listen to all sides of the case” and also says that they have as the pros, a burden of proof, and that they will meet that Burden. Treat witness as “The defendant” or “Mr. /Mrs. So-and-So” Def- Remind Jury of the Victim, humanize the Victim, and solemnly beseeches the judge/ jury to find the victim innocent in favor of justice.

5. The Rules of Asking Questions Direct questions: –Evoke a set of facts from a witness –Get the witness to tell a story –Deal with “What,” “When,” and “How” –Are the foundation of Direct Examination –Establish credibility of the witness Note: Be prepared to rephrase the question! Leading Questions: –Aggressive questions –Give the Attorney the command over the witness –Start with “Did you,” “Isn’t it true…?” –Require a Yes or No answer.

6. Objections ! Always stand up to object. Always object before the question has been answered so listen to the question! If the question is answered as the judge to “strike the question and remove it from the record” You cannot object during openings/closings. Once they are done though you can say “your Honor, if I had been permitted to object I would have objected to…and state them.” Object, object, object! It throws off the other team. Only stop if the judge gets annoyed. Always have your list of objections in front of you when you are listening to a direct or cross.

7. Objections ! Ambiguous– What??? Witness and/or objecting lawyer can’t figure out question. Asked and Answered– Did you kill him? Did you kill him? Stops Repetitive Questions Argumentative– Lawyer asks the witness to agree to a conclusion without any testimony to support it. Assumes Facts Not in Evidence– Lawyer compels witness to agree to assumed facts such as rumors. Calls for Speculation– The witness must guess in order to answer. How high fast was the car going? Calls for Opinion– Requires the witness to give their opinion (only experts can do this?) “So you think Pepito is guilty?” Lack of Personal Knowledge– Asks that the witness discuss something they know nothing about. Compound Question-- Two questions for the price of one.

8. Objections Continued Irrelevant—The question is unconnected with the case; “so how about them dolphins?” Irrelevant—The question is unconnected with the case; “so how about them dolphins?” Leading—The attorney hints at the answer he/she desires. The witness cannot be hinted or led towards any “right” or “wrong” answer. This is only allowed on cross-examination. Leading—The attorney hints at the answer he/she desires. The witness cannot be hinted or led towards any “right” or “wrong” answer. This is only allowed on cross-examination. Improper foundation—Proper procedures are not followed throughout presentation of evidence, impeachment of witness, etc. Improper foundation—Proper procedures are not followed throughout presentation of evidence, impeachment of witness, etc. Non-responsive answer—The witness diverges from the question or is incapable of answering it. Questions must be clear and appropriate for the competence of witness. Non-responsive answer—The witness diverges from the question or is incapable of answering it. Questions must be clear and appropriate for the competence of witness. Improper character testimony—Judgment of character or reputation of a witness is not allowed. This criticism is improper when it is not an issue in the case. Improper character testimony—Judgment of character or reputation of a witness is not allowed. This criticism is improper when it is not an issue in the case. Unfair extrapolation—When something is introduced outside the statement of facts of the case. Unfair extrapolation—When something is introduced outside the statement of facts of the case. Golden Rule—Do not place the jury in a biased position. “ If you were the victim…” Golden Rule—Do not place the jury in a biased position. “ If you were the victim…” Hearsay—No gossip; no rumors. Remember: you want the jury to hear THAT witness’s statement, not what others outside of the court have to say or have said to him/her. Anytime you hear “she/he told me” or “what did she /he tell you” Object!!! Hearsay—No gossip; no rumors. Remember: you want the jury to hear THAT witness’s statement, not what others outside of the court have to say or have said to him/her. Anytime you hear “she/he told me” or “what did she /he tell you” Object!!!

9. How to Cross Examine Without Crossing the Line Establish Control in the Courtroom Ask Questions Consecutively Maintain Eye Contact Do Not Insult or Batter the Witness Stay at least 3 feet away from the Witness Stand

10. The Drama of the Witness Witness- How to be a Good Witness! Confidence is the key to success! Know your Affidavit by Memory Know the facts of the case PLAY YOUR ROLE Look alive, if you can be an intimidating witness, it will hurt the other team Remember witnesses cannot give their opinions on anything, only expert witnesses can Always listen to your lawyers, eye contact is a MUST! Act professional, and DO YOUR BEST!

11. Introducing Evidence When entering evidence into a case, the piece of evidence must be relevant to the case in some way. Always be ready to defend your evidence just in case the other side has a problem with it (a.k.a. objection). The Process: Mark the evidence for identification. Show it to the opposing council and be prepared to argue in case they raise an objection. Ask your witness questions regarding to your piece of evidence. Ask the court to admit the evidence.

12. The Art of the Closing Argument Where you re-cap the facts and the events of the case. Never state any new facts in the Closing. Final chance to capture the jury. Must be confident, clear spoken, and establish a strong presence. Body language: eye contact, hand motions, standing straight. Strong Ending.

13. Things to Remember  “Your Honor, my name is _____, the prosecutor representing the People of the State of Florida in this action.”  “Your Honor, I ask that this item (describe) be marked for identification as Exhibit # ____.”  “Your Honor, I would like to call (name of witness) to the stand.”  “Your Honor, at this time, I would like to tender (name of witness) as an expert in the field of _____.”  “Your Honor, may I approach the witness?”  “Your Honor, I ask that the statement be stricken from the record!”  Thank you, Mr./Ms. _______. That will be all, Your Honor.”