Rules of Procedure

Can new exhibits or visual aids be introduced during the trial?

No, only exhibits and aids in the Mock Trial Workbook are allowed. Enlargement or modification is also prohibited unless specified.

Are the Statement of Facts and Stipulations disputable or usable as exhibits?

No, they cannot be disputed or used as exhibits.

Can motions be made during the trial?

No, motions of any kind (e.g., to dismiss or for directed verdict) are prohibited.

Is voir dire allowed in mock trial?

No, voir dire (examining witnesses or jurors for competence) is prohibited.

What is required for courtroom decorum?

Participants must adhere to courtroom decorum, including a neat appearance.

Can objections be based on general rules of evidence?

No, objections are restricted to those in the Mock Trial Rules of Evidence, not NJ or Federal rules.

When can objections be made, and by whom?

Student attorneys must object immediately when violations occur, except for openings/closings.

Can objections be made after the trial concludes?

No, objections must be made during the trial.

How should objections be made?

Object succinctly, stating the rule or procedure violated. Only the examining attorney may object for their witness.

How many witness examinations must each attorney perform?

Each attorney must perform 3 examinations (1 direct + 2 cross, or 2 direct + 1 cross).

Who presents the opening and closing arguments?

Different attorneys must present the opening and closing for each team.

What is allowed in opening and closing statements?

Attorneys may use "fair extrapolation" of facts, but not invent facts. Defendant’s attorney closes first.

Can attorneys use notes during the trial?

Yes, attorneys are permitted to use notes.

Can attorneys communicate with coaches or team members during the trial?

No, communication with coaches or team members is prohibited during the trial.

Can witnesses use noted during their testimony?

No, witnesses may not use notes during their testimony.

Can witnesses "create" information on direct examination?

No, they are limited to "fair extrapolation" based on their own statements.

What is "impeachment" of a witness?

Demonstrating that a witness is unreliable due to prior inconsistent statements, bias, or mistakes.

Can witnesses be sequestered (kept from hearing other testimonies)?

No, sequestering witnesses is not allowed in mock trial.

What is the purpose of the pre-trial conference?

To identify pre-marked exhibits before the trial begins, without addressing admissibility.

How long does the pre-trial conference last, and what should happen there?

It lasts up to 5 minutes; attorneys present exhibits and introduce themselves, promoting cooperation.

What is "fair extrapolation"?

Reasonable inferences drawn from a witness's affidavit that do not alter its intent. Witnesses may not invent new facts

What happens if a witness makes an unfair extrapolation?

Opposing counsel may object to "unfair extrapolation." The judge will decide whether it violates rules.

Can attorneys raise objections during opening or closing statements?

Not during the statement, however, right after it concludes.

When can objections to closing arguments be raised?

Only after the argument concludes, not during the presentation.

What should attorneys avoid in opening statements?

Attorneys should avoid arguing facts as if they have been proven, focusing only on what they intend to prove.

How should objections be addressed during cross-examinations?

Objections must relate to the specific questioning technique or evidence rule being violated (e.g., leading, relevance).

What must be included in witness statements?

Only information from witness affidavits or fair extrapolations. New facts beyond these are not permitted.

Are rebuttal arguments allowed?

Yes, rebuttal arguments are allowed for the plaintiff/prosecution only, and must be limited to addressing points raised in the defense's closing argument.

Can witnesses be impeached for forgetting facts?

Yes, attorneys can impeach a witness if they contradict or "forget" facts from their affidavit.

What rules apply to the order of trial proceedings?

The order is typically as follows: pre-trial conference, opening statements, plaintiff/prosecution case-in-chief, defense case-in-chief, closing arguments, and any allowed rebuttals.

Who decides on objections if a judge seems unsure?

Judges may ask attorneys to explain or clarify the grounds of their objection, but the judge’s ruling is final

What are the consequences of violating decorum or the rules?

Judges may penalize teams by deducting points for any inappropriate behavior or rule violations