Presentation by Jim and Josh McGuirePermission granted for any education use in connection with MBA Mock Trial ProgramNovember 18, 2002

Pirated and modified by Mr. Wyso

Opening statementsDirect examinationsCross examinationsClosing arguments

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

Witness gives testimony• Clarify• Accentuate• Expand

Focus on witness, not lawyerTie in with other witnesses, the

themeRemember, teams may request

to “conference” during testimony

Focus is on the lawyer, not witness• Leading questions preferred• Keep the witness from talking

Establish 2 or 3 key pointsDo not merely repeat direct examCreate reason for court to discount

direct testimonyHit it and quit it! Keep it short.

Review facts presented at trialPersuade the judge that you are

right• Your facts are the “truth”• You view of the law is “justice”

Strong and sincere

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

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

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”

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

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

Stand tall Loud clear voice Walk smooth and

slow Dress for success Organized materials Clean table: no

clutter