State Bar of Nevada High School Mock Trial Competition Judge’s Orientation State Bar of Nevada High School Mock Trial Competition

What is this Competition? Simulation of a civil jury trial. The trial you will observe is conducted by high school students who participate in mock trial as an extracurricular activity in addition to their regular schoolwork. Each student has worked very hard in preparation for this competition. Please be respectful of their efforts. Students portray attorneys and witnesses. “Closed” universe: Students are limited to witness statements, case law, statutes, and rules of evidence provided to them in the case packet.

A Civil Case Avery Leon v. Chinook County Transportation District and Lindsey Palmer Summary: This is a civil rights case against the Transportation District and its officer Lindsey Palmer, alleging that on May 16, 2016, Officer Palmer used excessive force when discharging a “stun gun” into Plaintiff Leon during an arrest. You are now in the State of Nevada, County of Chinook, and this case is governed by the jury instructions, and legal authorities provided to the participants in this case. Please DO NOT apply any independent knowledge you may have of applicable law.

Merits of the Case This case allows teams to argue theories of liability and defenses. You are not here to decide liability. Rather, you are here to: Evaluate the students’ understanding and presentation of the facts as they are provided in the case packet.

Judging Panels Each trial will have one Presiding Judge and three Scoring Judges. In the event there are an insufficient number of Scoring Judges, the Presiding Judge will be asked to both score and preside.

Presiding Judge’s Role Commence all rounds by giving competition parameters set forth below. Keeping the trial moving. Allow attorneys to argue objections. Rule clearly based upon the Mock Trial Rules of Evidence. Be careful in excluding evidence. Do NOT coach the teams or try to help the competitors during the trial.

Opening Reminders All Rounds Turn OFF your cell phones and mobile devices. Do not talk in the courtroom once the trial begins. If you need to leave and return to the courtroom, please do so QUIETLY. No food is allowed in the courtroom.

Opening Reminders Cont’d All Rounds Videography or recording of the round is permitted only with the consent of both teams. If one team objects, the round may not be recorded. The reason does not matter. Inquire before the round begins. No cross-bar communication is allowed. Teachers, coaches and spectators may not communicate with, or assist the team once the trial commences. Communication is permitted only amongst the team members participating in the round.  

Presiding Judges Basic Guidelines: Defendant’s opening may not be reserved. No objections by opposing counsel during opening / closing. Redirect and re-cross are permitted. No voir dire. No trial notebooks or costumes. No recesses except for emergencies. No objections/questions from Presiding or Scoring Judges.

Presiding judges Pre-Trial Matters: Verify teams have exchanged rosters and scoring judges have received them. Verify that Scoring Judges have score sheets. Scoring Judges are to be treated/addressed as the jury. There is no exclusionary rule in place. Remind time keepers that timing stops when an objection is made, and commences again when the Presiding Judge rules: “Sustained” or “Overruled. Swear the Witnesses.

Swearing of Witnesses The Presiding Judge shall administer the following oath to the witnesses at the commencement of each trial:   “Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?”

Trial Timing Opening Statements 3 min. per side Direct and Optional Redirect 20 min. per side Cross and Optional Re-Cross 15 min. per side Closing Arguments 4 min. per side (Includes Rebuttal Closing) The time limits are mandatory and must be enforced by the Presiding Judge. Although mandatory time penalties have been eliminated, competitors are expected to make their presentations within those time constraints, and should not be allowed to overrun their time.

Timekeepers Each team provides a timekeeper. Both timekeepers sit in the jury box, away from Scoring Panel. Trial may proceed if only have one timekeeper. If no timer present, do not proceed and notify courtroom liaison.

Witnesses Bound by Statements Each witness is bound by the facts contained in his/her own witness statement, the Statement of Facts and Stipulations, and/or any necessary documentation relevant to his/her testimony. Fair extrapolations may be allowed if reasonable inference may be made from the witness’ statement. If a witness is asked for information not contained in the witness’ statement, the answer must be consistent with the statement and may not materially affect the witness’ testimony or any substantive issue of the case. If, in direct examination, an attorney asks a question which calls for extrapolated information pivotal to the facts at issue, the information is subject to objection under Rule 2.3, as being an unfair extrapolation. A witness is not bound by the facts contained in other witnesses statements.

Experts The case Stipulations state that a potential expert witness does not need to be ‘certified’ as an expert by the judge in order to proffer testimony as an expert. However, attorneys must lay sufficient foundation to allow the witness to testify as an expert as required by Rule of Evidence 702. Err on the side of permitting the testimony. Expert qualifications are limited by the case materials and are subject to cross-examination. The students should be scored based on their use of what is provided in the case packet both to lay foundation and impeach.

Unfair Extrapolation UNFAIR EXTRAPOLATIONS are best attacked through impeachment and closing arguments and are to be dealt with in the course of the trial. Attorneys shall not ask questions calling for information outside the scope of the case materials or requesting an unfair extrapolation. Attorneys for the opposing team may refer to Rule 2.3 in a special objection, such as “unfair extrapolation” or “This information is beyond the scope of the statement of facts.” Offering party should identify the case information from which the extrapolation is made. Possible rulings by a judge include: No extrapolation has occurred; An unfair extrapolation has occurred; The extrapolation was fair; or Ruling is taken under advisement pending further evidence.

Exhibits Students are provided Exhibits in the Case Packet. They may or may not elect to utilize those exhibits, but when doing so must follow proper courtroom procedure for seeking their admission.

Supplemental Materials Teams may refer only to materials included in the trial packet. No illustrative aids of any kind may be used unless provided in the case packet. No enlargements of the case materials will be permitted. No props or costumes are permitted unless authorized specifically in the case materials. The only documents which the teams may present to the Presiding Judge or Scoring Panel are the exhibits as they are introduced into evidence, and the Team Rosters. No exhibits may be modified before trial, but attorneys and witnesses may mark exhibits during direct or cross examination. Marked documents may be used as demonstrative exhibits during the trial and during closing arguments, but may not be entered into evidence. Exhibit notebooks are not to be provided to the Presiding Judge or Scoring Panel.

Motions The only motion permissible is one requesting that the judge strike testimony following a successful objection to its admission.

Bench Conferences Constructive bench conferences may be granted at the discretion of the Presiding Judge. Competitor argument should be made from the counsel table in the educational interest of handling all matters in open court.

Objections During Trial When objecting, attorneys must: (1) stand and (2) clearly state the objection to the Presiding Judge and provide the reason for the objection. The Presiding Judge must allow the opposing team an opportunity to respond, and the proffering team to reply, before ruling on the objection. Attorneys may cite from the list of Nevada High School Mock Trial Commonly Used Evidentiary Objections and from the objections listed in the National High School Mock Trial Rules of Evidence.

Competition Rule Disputes Involving Presentation of Evidence COMPETITION RULE Disputes which: involve students competing in a competition round, and occur within the bar; and involve the presentation of the evidence, Must be brought to the attention of the presiding judge as a contemporaneous objection to the violation, orally argued by the attorneys and ruled upon by the presiding judge to facilitate fair presentation of the evidence. The severity of the violation and the handling of the argument by the students should be considered by the Scoring Judges as part of the students’ overall scores for the round. For Example: Unfair Extrapolations, or Presentation of Marked/Altered Exhibits

Evidentiary Decisions Are Final The decisions of the Presiding Judge regarding evidentiary matters are FINAL.

Your Role As A Scoring Judge Scoring Judges are to evaluate and score the student competitors. Some students will be attorneys, and some will be witnesses, but every student will be evaluated and scored.

What To Look For In Scoring Attorneys should be evaluated on their knowledge of case facts, courtroom procedure, the rules of evidence, and courtroom decorum. Witnesses should be evaluated on how convincing their portrayals are and how well their testimony corresponds with their side’s case theory. Students should not be scored based upon dress, hairstyle or physical appearance.

Review The Score Sheet Round and Courtroom Number. Scoring Judge’s Name. List Students by their actual names. Also identify witness portrayed. Final score MAY NOT BE A TIE Winner Box Best Witness/Best Attorney - Subjective

Time Extensions and Scoring Students are expected to work within the time limitations. If time has expired and an attorney continues without permission from the Presiding Judge, Scoring Judges should consider the time violation when scoring the student. Students are expected to work within the timelines.

Scoring Guidelines Each attorney and witness is scored on a scale of 4-10. 10 is the best. Fractions and decimals are disregarded and will be rounded down, so use only whole numbers. It is VITAL that you score as you go!!!!! At the end of each round, the Scoring Judges complete their score and comment sheets. The judges must NOT confer during this time and may not communicate with teams. Check your math before giving your completed score sheets to the courtroom Liaison. NO TIE IS ALLOWED!!!!

Scoring Guidelines Cont’d Selecting the top attorney and witness from each trial is a wholly subjective decision, but is MANDATORY for each Scoring Judge to make. The score sheets must be given to the courtroom liaison BEFORE oral critique.

CRITIQUE Oral critique is limited to a maximum 10 minutes. Be brief. The competition is on a tight schedule between rounds. Keep critique positive. You may constructively touch on presentation problems in order to help the students improve in the next rounds. Negative comments should not be directed to a specific students, but rather made to competitors generally. Comment sheets are to be gathered and given to the courtroom liaison after critique.

Critique Cont’d Presiding Judges are to limit critique sessions to the 10 minutes allotted. Judges shall not make a ruling on the legal merits of the trial or opine as to the prevailing side. JUDGES MAY NOT INFORM THE STUDENTS OF SCORE RESULTS.

Emergencies During the trial the Presiding Judge has discretion to declare an emergency and adjourn the trial for a short period of time to address the emergency. Courtroom liaisons should notify the Mock Trial Committee designee of the emergency and recess as soon as possible.

Competition Rule Disputes Within the Bar But Not Involving Presentation of Evidence Competition Rule Disputes which: Involve a student in a competition round; and Occur within the bar; and Do not involve the presentation of the evidence, Must be brought to the attention of the presiding judge at either the commencement or the conclusion of the trial as appropriate, and orally argued by the attorneys. For Example: Cross-Bar Communications

Competition Rules Disputes Within the Bar But Not Involving Presentation of Evidence, Cont’d The Presiding Judge shall make a finding as to: 1) whether or not the violation occurred; 2) whether or not a point violation is appropriate; and if so 3) the amount of the point violation and against which team. If a point violation is directed by the Presiding Judge, it shall be announced after the score sheets are collected and noted by the Presiding Judge in the “Penalty Points” section of each score sheet. The decision of the Presiding Judge is FINAL, and not subject to review.

Competition Rule Disputes Outside the Bar Disputes, which: involve people other than student team members; and occur outside the bar during a trial round; may only be brought by a teacher or attorney coach. Any person raising an outside the bar dispute should be directed by the Presiding Judge to the competition tab room so that the dispute can be handled by the appropriate Mock Trial subcommittee in accordance with Mock Trial Rule 6.1. If Penalty is to be assessed, it will be handled in the Tab Room and the teams involved notified of the result by the Mock Trial Committee Representative. 

Presiding Judge Post-Trial Obligations Ask if there are any post-trial matters. Insure all scoring ballots and comment sheets are collected and given to courtroom liaisons. Note point deductions on score sheets if necessary, when imposed for violation of competition rules within the bar, not involving presentation of evidence. Ask teams to announce Individual Attorney/Witness awards. Remind students to be quiet when exiting courtroom. **DO NOT ANNOUNCE RESULTS**

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