The annual Mock Trial Tournament is governed by the rules set forth below. These rules are designed to ensure fairness in participation and excellence in presentation.

A. RULES
Rule 1. Tournament Rules
The mock trial tournament is governed by the 2004 HAWAII HIGH SCHOOL MOCK TRIAL TOURNAMENT RULES, SIMPLIFIED RULES OF EVIDENCE and the Stipulated Facts.

Rule 2. Source of Information
(a) The official mock trial materials comprise the sole source of information for testimony.
(b) Students may read other cases, materials, articles, etc., in preparation for the mock trial. However, they may only cite the official mock trial materials. They may introduce into evidence those documents given in the official mock trial packet if a witness in the trial has actual, personal knowledge to verify the exhibit. Opposing counsel may object to the exhibit using any of the objections allowed under the rules.

Rule 3. Videotaping/Photography
Any team has the option to refuse participation in videotaping, tape recording, and still photography by opposing teams.

B. PARTICIPATION
Rule 4. Eligibility
(a) All team members must be high school students, grades 9-12, and enrolled at the high school entering the team.
(b) All public school team members are subject to the Department of Education's extra-curricular regulation. Private school team members are subject to their own school's extra-curricular regulation. The consequence of official participation of an ineligible team member is forfeiture of the game if the team won the match.

Rule 5. Team Competition
(a) Each team shall consist of no less than six (6) and no more than ten (10) students. There is no limit to the number of students who practice as alternates.
(b) No student may play more than one role in a given trial (for example, a student cannot be both an attorney and a witness for the same trial, or play the roles of more than one witness).

Rule 6. Substitutions
Substitutions of other students may be made at a trial in which a team is participating by submitting a written substitution notice to the official representative at the trial. A reason for the substitution must accompany the notice.

C. PROCEDURES
Rule 7. Starting Time
The starting time of any trial will not be delayed for longer than 15 minutes. Incomplete teams will have to begin without their absent members. An incomplete team has at least 3 witnesses, 1 attorney, and a clerk/bailiff. Teams without a sufficient number of participants will forfeit their round.

Rule 8. Team Roster
Each team will submit a tournament team roster of the participants and their roles to the judge at the start of the mock trial. The name of the school will not be disclosed to the judge.

Rule 9. Clerk/Bailiff Duties
(a) The plaintiff's team will furnish a clerk. The defendant's team will furnish a bailiff. Clerks and bailiffs must be prepared to carry out their duties as specified in the mock trial Procedures and Tournament Rules.
(b) The clerk will time the various segments of the defendant team's presentation. The bailiff will time various segments of the plaintiff team's presentation. The clock will run continuously for the duration of the allotted time and stop for objections.
(c) If elapsed-time flip cards are used, the respective clerk/bailiff will be responsible for showing the elapsed time.
(d) When the allotted time has expired, the timekeeper will stand and say "time."
(e) The following oath may be used before questioning begins:
“Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?”

Rule 10. Time Extensions
The judge has sole discretion to grant time extensions. If time has expired the attorney may continue with permission from the judge.

Rule 11. Trial Communication
Once the court has been called into session, teachers, attorneys, coaches, observers, or students not participating in the mock trial will not be allowed to coach, confer with, sign, or otherwise communicate with team members during the trial. This includes any recesses called by the judge until after the conclusion of closing arguments by both sides.

D. TEAM PRESENTATIONS
Rule 12. Courtroom Decorum
All participants are expected to display proper courtroom decorum. Opposing counsel, witnesses, and judge must be treated with the appropriate courtesy and respect.

Rule 13. Gender of Witnesses
All witnesses are gender neutral. Personal pronoun changes in witness statements indicating gender of the characters may be made. Any student may portray the role of any witness of either gender.

Rule 14. Witness Statements
(a) All participants agree that the witnesses' statements are considered to be signed and sworn affidavits. Each witness on direct examination is bound by the facts given in the witness statement and/or any necessary documentation relevant to his/her testimony.
(b) A witness is not bound by facts contained in other witness statements.
(c) Witness statements may or may not be introduced as evidence, and may be used for impeachment.

Rule 15. Fair Interpretations
(a) Fair interpretations that 1) are consistent with facts contained in the witness affidavits and 2) do not materially affect the witness' testimony are permitted.
(b) If a witness on direct examination invents an answer that is likely to affect the outcome of the trial, opposing counsel may object and request a bench conference. Bench conferences may be granted at the discretion of the judge, but should be made from the counsel table in the educational interest of handling all matters in open court. The judge will decide whether to allow the testimony. The judge may consider such inventions of facts in scoring the witness' presentation.

Rule 16. Witness Testimony
(a) If a witness on direct examination testifies in contradiction of a fact in the witness statement, the opposing counsel may deal with this on cross-examination through correct use of impeachment and /or during closing argument. This impeachment procedure is defined in the Simplified Rules of Evidence.
(b) If a witness is asked a question on cross-examination that is not dealt with in the witness' statement, the witness may do one of the following:
1) answer that s/he does not know; or
2) provide an answer favorable to that witness' position, as long as it is not in conflict with the direct examination testimony and is not likely to affect the outcome of the trial.
(c) If a witness is unable to recall a statement made in the witness affidavit, or if the witness contradicts his/her affidavit, the attorney on direct examination may ask the court's permission to "refresh" the witness' recollection, then show that portion of the affidavit to the witness to help the witness remember.
(d) Attorneys do not have to mark them as exhibits and offer them into evidence if their only use is to refer the witnesses to them for refreshing or recollection.

Rule 17. Scope of Cross-Examination
Cross-examination is not limited to the scope of direct questioning. Attorneys on cross-examination may ask any questions relating to the witnesses' pretrial statement.

Rule 18. Raising Objections
The attorney who will examines a particular witness on direct examination is the only person who may make the objections to the opposing attorney's questions of that witness' cross-examination, and the attorney who will cross-examine a witness will be the only one permitted to make objections during the direct examination of that witness.

Rule 19. Use of Notes
Attorneys may use notes in presenting their case and may consult with each other at counsel table verbally or through the use of notes. Witnesses are not permitted to use notes in testifying during the trial.

Rule 20. Use of Technology
Use of computerized technology, i.e., powerpoint, will not be allowed for competition. Charts will continue to be allowed.

Rule 21. Opening/Closing Arguments
(a) Closing arguments must be based on the actual evidence and testimony presented during the trial.
(b) Plaintiff's attorney on closing argument may reserve time for rebuttal from the allotted 10 minutes.
(c) No objections may be raised during opening statements or during closing arguments.
If a team believes an objection would have been proper during the opposing team's opening statement or closing argument, one of its attorneys may, following the opening statement or closing argument, stand to be recognized by the judge and may say, “If I had been permitted to object during closing arguments, I would have objected to the opposing team's statement that ________.” The presiding judge will not rule on this “objection.”

Rule 22. Witnesses
(a) Witnesses will not be excluded from the courtroom during the trial.
(b) Neither team may introduce surprise witnesses nor call witnesses from the other side.
(c) Three witnesses for each side must take the stand for direct and cross-examination.
(d) Witnesses may not be recalled by either side.
(e) Teams may refer only to materials included in the trial packet. No illustrative aids, except charts, of any kind may be used, unless provided in the case packet. No enlargements of the case materials will be permitted. Absolutely no props or costumes are permitted unless authorized specifically in the case materials. Costuming is defined as hairstyles, clothing, accessories, and make-up which are case-specific.
The only documents which the teams may present to the presiding judge are the individual exhibits as they are introduced into evidence and the team roster forms. Exhibit notebooks are not to be provided to the presiding judge.

Rule 23. Motions
(a) No motion for acquittal, dismissal, directed verdict at the conclusion of the plaintiff's case is permitted.
(b) No offers of proof may be requested or tendered.
(c) Stipulations shall be considered part of the record and already admitted into evidence. Stipulations, the indictment, or the Charge to the Jury will not be read into the record.

Rule 24. Trial Sequence and Time Limits (total of 50 minutes for each side)
(a) Plaintiff’s opening statement (6 minutes)
(b) Defense's opening statement (6 minutes)
(c) Plaintiff's direct examination (17 minutes total for combined 3 witnesses)
(d) Defense's cross-examination (17 minutes total for combined 3 witnesses)
(e) Defense's direct examination (17 minutes total for combined 3 witnesses)
(f) Plaintiff's cross-examination (17 minutes total for combined 3 witnesses)
(g) Plaintiff's closing argument (10 minutes total) Unused minutes may be saved for rebuttal. The Plaintiff's rebuttal is limited to the scope of the defense's closing argument.
(h) Defense’s closing argument (10 minutes)
(i) Plaintiff's rebuttal (optional)

E. JUDGES AND JUDGING
Rule 25. Questioning
Judges are not to ask questions of witnesses or attorneys which go beyond the facts in the case materials.

Rule 26. Point Deductions
The judge may deduct points for violation of the rules.

Rule 27. Decisions
(a) The judge decides the winner of the mock trial. This decision will be based on the criteria on the score sheet used by the judge and the accurate numerical results of the judge's scoring sheet. The winner is based on the performance of the students and is not necessarily the same as the winner of the verdict.
(b) The decisions of the judge with regard to the rules and challenges and all other issues related to the trial are final.