1. PREPARATION AND PRESENTATION OF A MOCK TRIAL
PHASE II
WITNESS PROFILE 
OPENING STATEMENT
DIRECT EXAM QUESTIONS 
CROSS EXAM QUESTIONS 
CLOSING ARGUMENT

2. PHASE I 1. WITNESS PROFILE
Your team must create a Witness Profile for all witnesses in the case.
This profile should identify facts from the witness’ statement that BOTH help (pros) & hurt (cons) your case.
This will help your team prepare Direct and Cross Examination questions for each witness.

3. PREPARATION AND PRESENTATION OF A MOCK TRIAL
PRESENTATION OF THE CASE
All trials, real or mock, have a four part oral presentation during which the facts of the case and persuasive arguments are conveyed to the judge and the jury.
Opening Statement
Direct Examination
Cross Examination
Closing Argument

4. PHASE II 2. OPENING STATEMENT
The Opening Statement is your team’s first opportunity to speak to the judge/jury.
Your team should introduce your Case Theory to the judge and jury.
The Opening Statement must be a cohesive and persuasive discussion with the jury.
The Opening Statement provides a preview for the judge and the jurors letting them know what to expect during the trial…A review of the evidence that will be presented…witness testimony & physical evidence.

5. PREPARATION AND PRESENTATION OF A MOCK TRIAL
Lawyer’s Position During Opening Statement
Judge
Witness
State X
Jury Box
Defense

6. PHASE II 2. OPENING STATEMENT
The Opening Statement should contain three parts;
Formal Introduction
Be sure to tell them who you are and who you represent
Case Overview
Persuasive discussion with jury
Establish your Case Theory
Conclusion
Make sure to tell the jury what you want them to do

7. PHASE II 3. DIRECT EXAMINATION
You begin presenting your case by calling your witnesses to the witness stand and conducting Direct Examination.
The purpose of direct examination is to give your witnesses a chance to tell the jury and judge their story by asking open ended/non leading questions.
Leading v. Non-Leading Questions
“Is your name John Smith?” (Leading, the answer is in the question)
“What is your name?” (Not leading, witness must provide the information)

8. PHASE II 3. DIRECT EXAMINATION
Elements of Effective Direct Exam
Keep it simple.
Organize your questions logically.
Pace the flow of information.
Open ended/Not leading questions.
LISTEN TO THE ANSWERS.

9. PREPARATION AND PRESENTATION OF A MOCK TRIAL
Lawyer’s Position During Direct Examination
Judge
Witness
State
Jury Box
Defense X

10. PHASE II 4. CROSS EXAMINATION
Your chance to challenge the other sides witness’ and their direct exam answers.
USE LEADING QUESTIONS “Yes” or “No” answers to Cross Exam questions.
Establish 2-3 key points, Keep it short, Don’t let witness ramble.

11. PHASE II 4. CROSS EXAMINATION
Elements of Effective Cross Exam
Know the answer BEFORE you ask the question.
Do not argue with the witness.
Do not let the witness explain.
Do not ask too many questions.
LISTEN TO THE ANSWERS.

12. PREPARATION AND PRESENTATION OF A MOCK TRIAL
Lawyer’s Position During Cross Examination
Judge
Witness
State
Jury Box
Defense X

13. PHASE II 5. CLOSING ARGUMENT
Prepare an outline in advance of closing argument that highlights things you want the jury to remember about your case.
Supplement the outline with facts/evidence presented at trial.
Remind jury of your team’s Case Theory and tell them what you want them to do.

14. PREPARATION AND PRESENTATION OF A MOCK TRIAL
Lawyer’s Position During Closing Argument
Judge
Witness
State X
Jury Box
Defense