MMT: Procedures (2025-2026)
Trial Proceedings
Courtroom Set-Up
Plaintiff sits closest to the jury box; Defense sits farthest from jury box.
Bailiff sits in jury box, court reporter’s seat, or another designated seat equally visible to both parties.
Opening of the Court & Swearing of Witnesses
Bailiff of the Plaintiff calls the court to order:
“All rise. The Court will now hear the case of Micah Ballan versus Chesapeake Corrections, Inc. and Dylan Oberfeld. The Honorable _____________ presiding.”
Judge permits court to be seated and asks if each side is prepared
Judge asks attorneys for preliminary matters
Attorneys may introduce themselves and ask for court preference; they may not raise substantive legal issues.
Bailiff of the Defense administers the Oath while the witnesses raise a hand: [Rule 603]
“Do you affirm to tell the truth, the whole truth, and nothing but the truth under the pains and penalties of perjury?”
Opening Statement
Plaintiff:
Introductions
Summary of supporting facts
Summary of evidence to prove
Avoid arguments
Defense:
Introductions
Summary of weakening facts
Summary of evidence to deny
Avoid arguments
Avoid repeating undisputed facts
Avoid mentioning strong points for Plaintiff
Direct Examination
Goals:
Introduce undisputed facts
Enhance the likelihood of disputed facts
Lay the foundation for exhibits
Reflect on witness credibility
Refer to Rule 611
Cross Examination
Goals:
Cast doubt on the opposing witness’s testimony
Show inconsistencies and bias
Establish damaging facts
Refer to Rule 611
Redirect Examination
Goals:
Clarify testimony cast in doubt
Avoid repeating testimony
Refer to Rule 611
Recross Examination
Goals:
Respond to matters that arose during the redirect
Avoid repeating testimony
Refer to Rule 611
Voir Dire
Goals:
Determine if an expert witness is competent
Refer to Rule 702
Steps to Admit Evidence
Show opposing counsel the potential exhibit
Request the judge’s permission to have the exhibit marked for identification:
“Your Honor, at this time I would ask to approach the bench for the purpose of having an exhibit, which I have shown to opposing counsel, marked for identification.”
This step is unnecessary if the judge agrees to premarking all potential exhibits during preliminary matters.
Request the judge’s permission to approach the witness.
Show the potential exhibit to the witness
Lay foundation:
“I am handing you what has been marked for identification as Exhibit X. Do you recognize this?”
“What is it?”
“Is it a fair and accurate copy?”
Request the court to admit the potential exhibit into evidence:
“Your Honor, the Plaintiff/Prosecution/Defense moves what has been marked for identification as Exhibit X into evidence.
If it is admitted, the exhibit should remain with the judge (or court clerk) after the witness’s examination ends.
Steps to Impeach Witnesses
Have the witness repeat the incorrect statement:
“Is it your testimony that [insert exact quote of oral testimony if possible]”
If the witness agrees, proceed.
If the witness recants the inconsistent statement, there is no need to impeach.
Retrieve the sworn statement/affidavit/deposition of the witness
Follow steps 1-4 above (opposing counsel → identification → approach → show)
Ask the witness (using the example of a deposition transcript),
“I am showing you what has been marked for identification as Exhibit [X]. This is a transcript of your ____, isn’t it?”
“And this is your signature, isn’t it?”
“And when you signed this transcript you agreed that the statements made in this _____ were the truth, didn’t you?”
“Let me direct you to page [x] line [y] of that transcript. There you testified [read the exact words from the _____ ].”
“I read that correctly, didn’t I?”
Closing Arguments
Plaintiff:
Review legal elements to prove
Describe evidence sufficiency
Explain how the Defense’s evidence is not credible or convincing
Can present a rebuttal argument
Defense: