The College Mock Trial Guide: A Comprehensive Overview
College mock trial is an invaluable extracurricular activity that allows students to develop critical thinking, public speaking, and legal reasoning skills. This guide provides a comprehensive overview of college mock trial, drawing upon the official rules and practices of the American Mock Trial Association (AMTA) and insights from experienced coaches and participants.
Understanding the American Mock Trial Association (AMTA)
The American Mock Trial Association (AMTA) is the governing body for college mock trial competitions in the United States. AMTA provides the official rules, case materials, and resources for teams across the country.
Key AMTA Resources
- Rulebook: This document contains all the rules and policies that govern AMTA competitions, the competition structure, board membership, sanction policies, and membership requirements. The Rulebook is updated periodically to reflect changes in the organization and the competition.
- Tabulation Manual: This manual outlines the procedures for scoring and pairing teams at AMTA-sanctioned competitions. AMTA Representatives use it at each tournament to determine pairings for each round and to determine the winners of the competition, including tie-breaking procedures. It is updated semi-annually following the AMTA Board of Directors Meeting (July) and the AMTA Mid-Year Meeting (November).
- Rules of Evidence: AMTA competitions have a specific version of the Rules of Evidence that participants must adhere to.
- Judges' Meeting Presentation: This presentation orients judges at AMTA-sanctioned competitions, ensuring consistency in scoring and procedure.
- Complaint Form: To submit a formal complaint, the complainant team must submit a formal complaint form by the deadline.
- Timekeeper Sheet: This sheet is used at AMTA-sanctioned competitions to track time during each phase of the trial.
Getting Started with Mock Trial
Registration and Case Materials
When teams register and pay their fees, they receive the case materials and the rules for the competition. These materials form the foundation for the team's preparation and performance.
State Sponsors and List Serves
Check with your state sponsor to see if they have a list serve or some other way of answering questions. If there is a list serve, sign up for it and review the answers that are given because they become part of the material and rules.
Handbooks and Guides
Several handbooks can aid students and coaches in preparing for mock trial. "PLEASING THE COURT: A MOCK TRIAL HANDBOOK," provides insights for both new and experienced participants. Authored by a successful college coach, this handbook may be used either as a text in schools, colleges and universities that offer mock trial for credit or as an aid to students in institutions that offer mock trial purely as an extra-curricular activity.
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Mock Trial Procedure and Structure
A typical mock trial follows a structured sequence of events, designed to simulate a real courtroom trial.
Typical Sequence of a Mock Trial
- Clerk calls the court to order.
- Judge enters and takes the bench: The judge may make initial comments.
- Introductions: Each side introduces itself.
- Preliminary Matters: Each side may bring up preliminary matters such as:
- The bailiff sit in the jury box during opening statement and closing argument so speakers can see the time cards
- Permission to freely move around the courtroom during direct and cross examination
- Permission to video tape the court (if wanted).
- Opening Statements: Each side presents an opening statement outlining their case.
- Plaintiff/Prosecution's Case:
- The plaintiff/prosecution calls their witnesses and seeks to admit exhibits.
- The defense cross-examines these witnesses.
- The plaintiff/prosecution rests their case.
- Defense's Case:
- The defense calls their witnesses and seeks to admit exhibits.
- The plaintiff/prosecution cross-examines these witnesses.
- The defense rests their case.
- Closing Arguments:
- The plaintiff/prosecution makes their initial closing argument.
- The defense makes their closing argument.
- The plaintiff/prosecution makes their rebuttal closing argument.
- Jury/Judge Deliberation: The jury/judge deliberates and fills out their ballots.
- Ballots and Feedback: Ballots are sent to the competition coordinator, and judges may make comments to the participants.
Time Limits
The time limits for each competition may vary slightly based on the competition and jurisdiction. The following is an example of what these could look like:
Each side has 43 minutes to present its case, which, allowing for introductory matters, arguing objections, judges deliberations, and preliminary matters would make each round approximately 1 hour 40 minutes.
The trial sequence and time limits are as follows:
- Introductory matters - 5 minutes total (conducted by judge)
- Opening statement - 5 minutes per side
- Direct and redirect (optional) - 22 minutes per side
- Cross and re-cross (optional) - 11 minutes per side
- Closing argument - 5 minutes per side
- Judges’ deliberations - 10 minutes total (judges in private)
- Prosecution may reserve time for rebuttal at the beginning of closing argument.
Objections
Each side may make objections during the direct and cross examinations. The time taken making and arguing these objections is not counted against a side’s overall time. Objections are not allowed during opening statements or closing arguments.
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Key Roles in Mock Trial
A mock trial team comprises various roles, each requiring different skills and responsibilities.
Attorney Roles
- Opening Statement Attorney: This attorney delivers a memorized oratory speech, providing an overview of the case. This role is excellent for someone who may miss some meetings. The attorney is familiar with the overall case and works closely with the other attorneys. No objections are allowed so this attorney does not have to learn rules of evidence
- Direct Examination Attorney: This attorney asks open-ended questions to their own witnesses to help them tell their story. They may introduce exhibits, make and respond to objections, and ensure that their side's evidence is admitted while keeping out objectionable evidence from the other side.
- Cross-Examination Attorney: This attorney asks closed-ended questions to the opposing side's witnesses to gain admissions and control the witness. They may need to introduce exhibits, make and respond to objections, and ensure that their side's evidence is admitted while keeping out objectionable evidence from the other side.
- Closing Argument Attorney: This attorney knows the entire case, listens to the testimony that comes in at trial, and makes the final argument based on the evidence presented. This role is best for a team member who has done mock trial before. They do not make or respond to objections.
Witness Roles
- Lay Witnesses: These are ordinary witnesses who testify based on their personal knowledge and life experiences. This role is great for team members who like to act.
- Expert Witnesses: These are persons who testify based upon their qualifications of expertise in their field. This role is great for team members that want to be in a professional role.
Other Roles
- Clerk and Bailiff: These roles can be learned quickly and are excellent for someone who wants to be involved in mock trial but does not have a lot of time to devote to it.
- Team Captains (optional): Consider having two team captains, one for the Prosecution/Plaintiff and one for the Defense. These are often the attorney doing closing argument. They have experience in a variety of mock trial roles and possess leadership qualities.
- Non-Trial Roles (optional): These roles are not officially listed on the roster or introduced to the Court. They include artists who sketch the courtroom and participants, reporters who video tape the trial (with the permission of the court), and support and backup team members.
Tips for Success in College Mock Trial
- Master the Rules of Evidence: A thorough understanding of the rules of evidence is crucial for making timely and effective objections.
- Develop Strong Public Speaking Skills: Effective communication is essential for delivering persuasive opening statements, closing arguments, and witness examinations.
- Practice Active Listening: Pay close attention to the testimony of witnesses and the arguments of opposing counsel to identify weaknesses and opportunities.
- Collaborate Effectively: Mock trial is a team effort, so it is essential to work collaboratively with your teammates to develop a cohesive and compelling case.
- Seek Feedback: Ask coaches, teammates, and judges for feedback on your performance to identify areas for improvement.
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