Mock Trial Preparation Notes

How to Prepare an Opening Statement

Your opening statement is where you lay the foundation of your teams story, you must use the this
time to express to the court room why you believe the accused is guilty or not guilty and what
evidence your side will present to the court today to support your theory/story.
Plant as many seeds as possible to successfully leave an impression with the jury and the judge of that
message you will present today.
If you are the crown reference the charge(s) and why the accused will be found guilty. If you are the
defence state clearly why your client will be found not guilty, was mens rea and actus reus present?
Your only statement is clear; it creates a picture a reference point as to where your team would like to
go with this case.
This is your first opportunity to address the courtroom use it well, think of your self as a gardener
laying the seeds to success, the more seeds you plant the better your chances of your garden blooming
at the end.

How to Prepare Your Questions for the Examination in

Chief

This is your opportunity to ask questions that will support your case, these are your witnesses, they
like you and you like them.
Start of with very basic information such as name, age, occupation, and anything they know about the
case that will aid you.
You are very calm on the direct, as you have worked hours to prepare for this case and the
opportunity to question your own witness that will support you.

How to Prepare for Cross-Examination Questions

This is not your witness, you are adversely, that is you are against each other
Do not ask questions that have already been asked, in the direct
Do not ask their name, age, occupation, that is usually presented in the Direct
You must be ready in the Cross as a lawyer for ANYTHING!!!, You must make a question Tree A
question tree allows for you to be prepared
The question tree allows for you the lawyer to be ready for whatever is possible. Success will come
on the cross examination if you are able to extract the necessary information, and not be stumped!
The moment you are stumped, the witness and the opposing side wins

Example:
Q: Did you see the Mr. Smith at 2am on the night in the question?
A: Yes
Q: Then move on to question #2 if not have another question, ready.

Types of Questions

No Leading Questions during the direct examination: A witness must tell you what happened
without prompting. You may ask your witness what happened, but you may not ask questions that
give away what answer you want

Ex: Tell us what you saw - Correct

Ex: Did you see the green truck hit the red car? - Incorrect
Ex: What happened next? - Correct
Ex: Did he hit him them? - Incorrect

No hearsay questions: You may only ask your witness about those things which he/she saw or
experienced. A witness may not talk about things he/she has been told by someone else

Ex: I saw 5 cats in Mrs. Smiths kitchen. - Correct

Ex: Joan told me Mrs. Smith has 5 cats. - Incorrect

No Opinion Questions: You may not ask your witnesss opinion about things other than common
knowledge unless he/she as already been qualified as an expert in the field.

Ex: An average citizen can offer an idea about the speed of a car, or the height of a person, however, only
an expert, an auto mechanic for example could provide an accurate statement about the condition of the
brake linings in a car.

NOTE: Only on the cross examination can a leading question be posed/asked

When Can You Object? (Rules of Evidence)

Either the Crown or the Defence counsel may object to a line of questioning or the admission of an
exhibit.
It is up to the judge to either allow the objection/sustain, which prevents the evidence from being
introduced.
Or the judge could overrule the objection, allowing the question to be answered or the exhibit to be
introduced
An objection is made by one team lawyer standing up and stating Objection, your
Honourthis question is not relevant/is leading/calls for hearsay/calls for an opinion- only one
can be used:
The matter is not relevant: To be admissible, evidence must be relevant, reliable, and fair.
Irrelevant information is not related to an issued in dispute
The question calls for hearsay: Witnesses can only testify to what they know from personal
knowledge, they usually cannot repeat what they heard someone else say.
Ex: I saw a gun- correct
Ex: Bill said he saw a gun-incorrect
The question calls for an opinion: Only after a witness has been qualified as an expert can she or
he be asked for an opinion

Counsel is leading the witness: Examining counsel must allow their witnesses to tell their own
story. The expected answer cannot be indicated by the wording of the question
Ex: What time was your appointment?- correct
Ex: Your appointment was at 3pm-incorrect
The witness is uncooperative: The witnesss response does not address the question asked or the
witness is hostile
Facts not in evidence: Lawyers can use this if the witness has said something that clearly departs
from the fact sheets provided (e.g not a reasonable inference)

Entering Exhibits

Every exhibit must be introduced through an appropriate witness who can identify it and tell the court
what connection the exhibit has with the crime. Counsel will introduce the exhibit in the course of
examining that witness, Often counsel must establish a chain of control (continuity) by having all
witnesses who handled an exhibit testify. This may be important to establish that the exhibit has been
tampered with in any way.

Example
Counsel: Do you recognize this diagram?
Witness: Yes, I drew it.
Counsel: When?
Witness: Shortly after the incident occurred.
Counsel: How can you be sure?
Witness: You will notice that it is dated and initialled in the bottom right-handed corner by me
Counsel: Does it fairly and accurately depict the scene as you recall it?
Witness: Yes, it isnt drawn to scale, but it does show where everyone was standing.
Counsel: Your Honour, I would like this diagram to be introduced as an exhibit

How to Prepare if you are a Witness

This role that you are playing is key to your case & success really relies on you. Know the facts of
the case inside out!!! You cannot be stumped!
Sit up straight, speak clearly and do not joke around
Do not antagonize or try to anger counsel
Never lose your temper and do not ever argue with anyone in the courtroom
Keep in character at all times and dress the role
Always answer questions that are presented to you and if you dont know an answer state that you
dont know
If a question is asked that your lawyers should object to and they dont you have to answer some
how some way
Never guess an answer it will be obvious and it will hurt you and your team
If you dont understand a question ask for it to be repeated, but do not do so for the sake of being
difficult

How to Declare a Witness as an Expert

You must ask a serious of question that leads up to a witness be declared an expert in any given field.
Example:
Counsel: Dr. Smith you graduated from the University of Toronto
Witness: yes in 1989, then I went on to medical school at Queens University
Counsel: When did you graduate medical school at Queens?
Witness: In 1995 with a specialization in internal medicine
Counsel: What do you do now Dr. Smith?
Witness: I am chief of internal medicine at Toronto general hospital, and professor at University of
Toronto medical school
Counsel: Have you written any books or articles on internal medicine?
Witness: I have 10 published books and hundreds or articles
Counsel: If it pleases the court we would like to have Dr. Smith entered as a expert witness in the area of
internal medicine.

Tips For Addressing The Court

Always the address your comments to the court, Your Honour, Your Honours not to opposing counsel,
there should be no exchange of communication directly between counsels. There are no sidebars with
judges in Canadian courtrooms:
When making submissions to the court, it should never be I think but should be always we
submit
When opposing counsel stands to speak, sit down, until asked to speak by the bench
Do not interrupt other counsel unless it is to make an objection
Do not interrupt other counsel during submissions: Opening/Closing Statements
Always ask the court for permission to proceedto call your witnesses to cross exam, to open to
close.
Always speak in a respectful tone and manner, a courtroom is a highly regarded place in society

Your Closing Statement

Both Crown and Defence must state why guilt or why reasonable doubt exists!
Highlight actual testimony that was presented in the courtroom today
Create a list of events and eyewitness statement that clearly supports your side.
State the charge again and why the accused did commit the said offence as proven today or why
reasonable doubt exists and thus the accused should go free.
Reference the Actus Reus and Mens Rea of the case and where, why, how, when they exist or
why they dont exist.
Make a clear connection between the testimony and evidence.