Before participating in a mock trial, it is important to be familiar with the events that take place during the trial and the order in which they occur. There are two basic types of trials: Jury Trial and Bench Trial. A judge hears a bench trial. There will be no jury trials in the Hawaii Mock Trial Tournament.

Observe the following rules in the courtroom AT ALL TIMES:

• Rise when addressing the judge;
• Direct all remarks to the judge or witness, NEVER to opposing counsel.
• Ask permission from the judge before approaching the witness or bench.

1. OPENING OF THE COURT

A. The bailiff calls the court to order. The bailiff announces to the parties, attorneys, and the audience: "All rise. The _________________Court of Hawaii is now in session, the Honorable Judge _____________ presiding."

Everyone remains standing until the judge enters AND is seated. The bailiff then says, "Please be seated."

B. The judge asks the clerk to call the day's calendar (also called the "docket"), at which time the clerk says, "Your Honor, today's case is _______________________."

The Judge may ask team members to introduce themselves.

 

2. SWEARING IN THE WITNESS

The clerk will stand and raise his/her right hand. The clerk says: "Please raise your right hand. Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trail tournament?

Witness should answer, "I do."

Clerk responds by saying: "Please be seated. State your name for the court and spell your last name."

3. OPENING STATEMENTS

A. Plaintiff (or prosecution) begins with the opening statements.
Attorneys should introduce the case in the future tense. (i.e., "...the evidence WILL show...the witness WILL testify..."
B. The defense attorneys follow with their opening statements. The defense attorneys can give their opening statements after the plaintiff or after the plaintiff presents their evidence. For purposes of this tournament, the defense attorneys WILL give their opening statements folowing the plaintiff.

 

4. DIRECT EXAMINATION

The plaintiff's attorney conducts the direct examination or questioning of all of its own witnessees. At this time, testimony and other evidence is presented. The purpose of direct examination is to allow witnesses to develop the facts in support of the case.

5. CROSS-EXAMINATION

After the attorney for the plaintiff has completed questioning of the witness, the defendant's attorney cross-examines the witness. The cross-examiner seeks to clarify or cast doubt upon the testimony of opposing witnesses. Inconsistency in stories, bias, and other damaging facts may be pointed out to the judge through leading questions.

After plaintiff calls its final witness, the plaintiff should inform the court that the plaintiff has no further witness and rests its case.

The defense will begin its case by calling its first witness.

 

8. CLOSING ARGUMENTS
A closing argument is a review and analysis of the evidence presented.

A. Attorney for the plaintiff reviews and analyzes the evidence as presented, indicates how the evidence has satisfied the elements of the charge or claim, points out the law applicable to the case, and argues for a judgment for the plaintiff. Plaintiff's attorney may reserve time left over for rebuttal. Rebuttal is limited to the scope of the defense's closing argument.

B. The closing argument for the defense is essentially the same as for the plaintiff. It should indicate how the evidence does not satisfy the elements of the charge or claim, stresses the facts favorable to the defendant and asks for a judgment for the defense.

C. Rebuttal (optional) by plaintiff's attorney.