1. Presentation by Jim and Josh McGuire Permission granted for any education use in connection with MBA Mock Trial Program November 18, 2002 Pirated and modified by Mr. Wyso

2.  Opening statements  Direct examinations  Cross examinations  Closing arguments

3.  Brief preview: what the case is about  Establish trial theme  Summarize key facts  Identify witnesses (brief summary of what they will tell the court)  Conclusion: the theme revisited

4.  Witness gives testimony Clarify Accentuate Expand  Focus on witness, not lawyer  Tie in with other witnesses, the theme  Remember, teams may request to “conference” during testimony

5.  Focus is on the lawyer, not witness Leading questions preferred Keep the witness from talking  Establish 2 or 3 key points  Do not merely repeat direct exam  Create reason for court to discount direct testimony  Hit it and quit it! Keep it short.

6.  Review facts presented at trial  Persuade the judge that you are right Your facts are the “truth” You view of the law is “justice”  Strong and sincere

7.  Talk to the judge, not the lawyer  Know everything in your affidavit (statement)  Do NOT invent facts  Stay in role at all times  Understand case theory and how your testimony helps your side  During cross examination, think before answering & don’t get defensive

8.  Objections are based on the Rules of Evidence  Only object if testimony will hurt your case  Question and answer will be “in evidence” unless you object  Object in order to keep it out of the record  If testimony is already in, move to strike

9.  Timely objections Object to the question before the answer Object to the answer before the next question Object to the document when used or offered  Rise and say, “Objection” State grounds briefly Be prepared to argue  Accept court’s ruling gracefully: “Thank you, your Honor”

10.  Have THREE printed copies (or else will not be submitted into evidence)  Give one to opposing counsel  Give one to judge  Show to witness  “Do you recognize?”  “What is it?”  “Your honor, I offer into evidence as Exhibit #1 the [document]  Defend over objection

11.  Hearsay – A statement heard through someone else  Opinion – witness gives answer or comes to conclusion of which he/she is not an expert  Leading – the form of the question suggests the answer (could also be double/trick question)  Irrelevant – does not help in proving or disproving the disputed fact

12.  Stand tall  Loud clear voice  Walk smooth and slow  Dress for success  Organized materials  Clean table: no clutter