Hints on How to for Prepare for a Mock Trial
The following tips have been developed from previous experiences
in training a mock trial team.
- All students should read the entire set of materials and
discuss the information/procedures and rules used in the Mock Trial
Program.
- The facts of the case, witnesses' testimony, and the points for
each side in the case then should be examined and discussed. Key
information should be listed on the chalkboard as discussion
proceeds so that it can be referred to at some later time.
- Even though a team has to represent only one side in the case
during any single trial, all roles in the case should be assigned
and practiced. This will help in practicing the case as well as in
preparing for future trials.
- Schools should designate alternates for both students and
teacher-coaches in order to be prepared for unexpected illness or
absence.
- The credibility of the witnesses is very important to a team's
presentation of its case. Experience has shown that close decisions
in the trial enactments often hinge on individual's differences in
witness performance. Therefore, students acting as witnesses really
need to "get into" their roles and attempt to think like the
persons they are playing. Students who are witnesses should read
over their statements (affidavits) many times and have other
members of the team or their class ask them questions about the
facts until they know them cold.
- Teams should allow their students to prepare their own
questions, with the teacher-coach and attorney-coach giving the
team continual feedback and assistance on the assignment as it is
completed. Based on the experience of these practice sessions,
attorneys should revise their questions and witnesses should
restudy the arts of their witness statements where they are
weak.
- Opening statements also should be prepared by team members.
Legal and/or non-legal language should be avoided where its meaning
is not completely understood by attorneys and witnesses.
- Closing arguments should not be totally composed before trial,
since they are supposed to highlight the important developments for
the plaintiff/prosecution and the defense which have occurred
during the trial. The more relaxed and informal such statements
are, the more effective they are likely to be. Students should be
prepared for interruptions by judges who like to question the
attorneys, especially during closing arguments.
- As a team approaches the date of its first trial, it is
required that the team conduct at least one complete trial as a
kind of dress rehearsal. All formalities should be followed and
notes taken by the teacher-coach and students concerning how the
team's presentation might be improved. A team's attorney-coach
should be invited to attend this session and comment on the
enactment.
- The ability of a team to adapt to different situations is often
a key component in a mock trial enactment, since each judge or
lawyer acting as a judge has his/her own way of doing things.
Because the proceedings or conduct of the trial often depend on no
small part on the judge who presides, student attorneys and other
team members should be prepared to adapt to judicial rulings and
requests.