YMCA YIG MOCK TRIAL COMPETITION
MOCK TRIAL RULES AND PROCEDURES
The South Carolina YMCAYIG mock trial tournament is governed by the rules set forth below. These rules are designed to ensure excellence in presentation and fairness in scoring all trials and tournaments.
These rules are supplemented by specific stipulations in the current case, the SC YIG Rules of Evidence, and any other documents issued by YIG Staff.
These materials should be interpreted consistent with one another. In the event of a unresolvableconflict,refer to the following order of preference: (1) case materials; (2) YIG Mock Trial Rules and Procedure; (3) SC YIG Rules of Evidence; (4) any other documents issued by YIG Staff, specific to the 2014 YIG Conference.
TEAM COMPOSITION
1Teams will be composed of 4to 6students.
2Each team must use at least 2to3Attorneys and 2 to 3Witnesses in a given trial. A student may only carry out one of these roles per trial; i.e.,in a given trial, Attorneys can only beAttorneys and Witnesses can only beWitnesses.
3Teams should be prepared to represent both parties (Prosecution and Defense). The party that a team will represent will be posted prior to each trial.
4All Attorneys must observe the following in a given trial:
aEach Attorney must directly examine and cross-examine at least one Witness.
bDifferent Attorneys must present the opening statement and the closing statement.
cEach party must call all three of itsWitnesses.
5All Witness roles are gender neutral.
TRIAL PREPARATION – GENERAL CONSIDERATIONS
6All participants are expected to conduct themselves appropriately, as if they were in a court of law.
7All students must dress in appropriate court attire, consistent with the general dress-code guidelines for the YIG Conference.
8Students may consultoutsidematerials in preparation for trial. However, only YIG-distributed materials may be referencedin trial.
9During the trial, Witnesses are forbidden from using notes or reading from any writing,except as provided under the SC YIG Rules of Evidence.
10Attorneys may use notes in presenting their cases. However, scores may be lowered in the following circumstances:
anotes are substantially relied upon.
bimpeached statements are used in closing arguments.
TRIAL PREPARATION -- MATERIALS
Witness Testimony:
11Each Witness’s statement is considered a sworn affidavit, appropriately signed, dated, notarized, and filed with the court.
12Each Witness is bound by the facts as contained in thatparticularWitness's statement(s) and any related documentation. A Witness is not bound by facts contained in other Witness’ statements.
13On direct examination, a Witness may testify to limited, additional facts, provided the new information is merely incidental to the case, and can be reasonably inferred from the Witness's statement.
aExample of a reasonable inference: If the Witness’s statement says that the Witness attended an Ivy League School in Massachusetts, a reasonable inference would be that the Witness attended Harvard.
bExample of a made up, unsupported fact: If the Witness’s statement says that the Witness attended college, you are not permitted to make up facts about the name and location of the college and his/her course of study.
cOn cross-examination, if an Attorney asks a question unsupported by the Witness’s statement, the Witness may testify to limited, additional facts ifthose facts
idirectly responds to the question,
iiare consistent with the Witness's statement, and
iiido not materially affect the Witness's testimony.
dIf a Witness testifies to facts contrary to those contained in his or her statement, the sole remedy is for the cross-examiner to impeach theWitness'stestimony by questioning the Witnessas to the contradiction.
Exhibits
14The only exhibits which may be introduced into evidence during the trial are the original exhibits provided in the official case materials. No other exhibits or visual aids may be brought to court.
15The use of any electronic devices during any portion of the trial is strictly prohibited.
PRE-TRIAL
16Teams are expected to arrive prepared for trial,outside of its assigned courtroom, 10 minutes prior to the scheduled trial. Whenever possible, the starting time of any trial should not be delayed for longer than 15minutes. Incomplete teams must begin without missing members or must obtain alternates. Teams lacking a sufficient number of participants forfeit the trial. Teams late as a consequence of a prior trial will not be penalized.
17Members may choose to introduce themselves to the Judge, indicating the member’s name androle (Witness or Attorney). Introductions, clarifying questions, and comments should be kept short, are not part of the trial, and should not be considered in scoring decisions.
18Unless otherwise directed by the Judge, Attorneys for the Prosecution (State of South Carolina) sit at the table closest to the witness stand.
TRIAL RULES
19Teams may prepare trial notes and trial notebooks, but are prohibited from submitting briefs, written motions, or similar materials. Teams may not cite statutes or case law except as provided in the case materials.
20Instructors, observers, and additional team members shall not talk to, signal, communicate with, or coach their teams during trial.
21If the courtroom facility allows for water, participants may have water at the counsel table. Otherwise, no eating or drinking is permitted in the courtroom.
22Rise when addressing the Judge. Direct all statements, questions, or objections to the Judgeor aWitness, never to opposing counsel. Unless excused by the Judge, Attorneys will stand while giving opening and closing statements, during direct and cross-examinations, and for all objections.
23The Mock Trial Competition does not impose time restrictions. However, Judges may deduct points for needless or irrelevant Attorney examination, or otherwise dilatory conduct. Teams are responsible for preparing for trial with this consideration in mind.
24The suggested times for each component of the trial are as follows:
aOpening Statements: 3-4 minutes per attorney
bClosing Statements: 3-4 minutes per attorney
cDirect Examination: 5 minutes per witness
dCross Examination: 5 minutes per witness
eRe-Direct Examination: 0-30 seconds; no more than 60 seconds
fJudge’s Evaluation: more than 15 minutes.
25Attorneys are permitted a brief re-direct examination (up to 60 seconds) on their own Witnesses.
26Rules of Evidence and Procedure:
aThe trial proceedings are governed by the SC YIG Rules of Evidence.
bAttorneys are forbidden from the following:
iRaising rules of evidence or procedure extrinsic to these materials;
iiMaking objections during either an opening statement or closing argument;
iiiMaking “offers of proof,” stating objections that would have been made, after opening statements and closing arguments;
ivInvoking the rule of sequestration, excluding Witnesses from any portion of the trial; and
vQuestioning (voir dire) Witnesses.
27Expert Witnesses.
aAn Attorney seeking to qualify a Witness as an expert must ask that Witness questions that demonstrate he or she has expert “knowledge, skill, experience, training, or education”in one or more specified areas.
bOpposing counsel may object,
iat the time the Witness is being qualified as an expert, arguing that the Witness lacks expertise;
iiat the time the Witness is being qualified as an expert, arguing that the Witness’s testimony does not qualify him/her in a particular area of expertise;
iiiafter the Witness is qualified as an expert, arguing that a particular question does not fall within the Expert Witness’s area of expertise; or
ivarguing that the qualification should be denied for some other reason under these materials or theSC YIG Rules of Evidence.
cAttorneys should consult the SC YMCA Rules of Evidence, which explains how to qualify a Witness as an Expert.
JUDGES
28Presiding Judges for mock trials may include law students, sitting or retired trial and appellate judges, and licensed attorneys.
29Presiding Judges shallconduct the trial according to these procedures and the SC YMCA Rules of Evidence.
30Judge may,at the conclusion of the case,
aoffer feedback and advice on the performance of the Attorneys and Witnesses; and
boffer comments on the factual and legal merits of the case
31Judges are forbidden from
idismissing a case;
iientering a verdict on the case;
iiiinterrupting opening or closing statements; and
ivquestioning witnesses.
32Judgesare permitted to perform the following:
aApply extrinsic rules for matters not addressed in the mock trial materials; and
bRaise sua sponte objections, but only when injustice cannot otherwise be avoided.
33It is the decision of the Judge whether Attorneys should sit or stand while questioning Witnesses. Each Judge should make clear his or her preference at the beginning of the trial.
34Seating is provided for observers behind the bar (behind Attorneys’ tables). In order to minimize disruption, observers should plan to attend the entire trial.
35The decisions of the Judges are final, with regard to rules, challenges, and all other matters.
EVALUATORS AND SCORING
36Violations of any of the above rules may result in point deductions. This deduction is at the discretion of the Presiding Judge.
37COMPLETED BALLOTS ARE NOT TO BE VIEWED BY ANY TEAM MEMBER OR ANY OTHER PERSON DURING THE COMPETITION.
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