Trial Basics

Anatomy of a Trial
Composition of Team (for
Competition)
Prosecution/Plaintiff
• 3 Attorneys
• 3 Witnesses
Defense/Defendant
• 3 Attorneys
• 3 Witnesses
Order of Events in Trial
1. Prosecution/Plaintiff Opening Statement
2. Defense/Defendant Opening Statement
3. Examination of Prosecution/Plaintiff Witness No. 1
• Cross Examination by Defense/Defendant
Possible Re-direct by Prosecution/Plaintiff
 Possible Re-cross by Defense/Defendant
4. Examination of Prosecution/Plaintiff Witness No. 2
• Cross Examination by Defense/Defendant
Possible Re-direct by Prosecution/Plaintiff
 Possible Re-cross by Defense/Defendant
5. Examination of Prosecution/Plaintiff Witness No. 3
• Cross Examination by Defense/Defendant
Possible Re-direct by Prosecution/Plaintiff
 Possible Re-cross by Defense/Defendant
Order of Events in Trial
(Continued)
6. Examination of Defense/Defendant Witness No. 1
• Cross Examination by Prosecution/Plaintiff
Possible Re-direct by Defense/Defendant
 Possible Re-cross by Prosecution/Plaintiff
7. Examination of Defense/Defendant Witness No. 2
• Cross Examination by Prosecution/Plaintiff
Possible Re-direct by Defense/Defendant
 Possible Re-cross by Prosecution/Plaintiff
8. Examination of Defense/Defendant Witness No. 3
• Cross Examination by Prosecution/Plaintiff
Possible Re-direct by Defense/Defendant
 Possible Re-cross by Prosecution/Plaintiff
Order of Events in Trial
(Continued)
9. Defense/Defendant Closing Argument
10. Prosecution/Plaintiff Closing Argument
Opening Statement
• Gives explanation of trial to jury before examinations begin
• Should include:
 Theme of your counsel’s case (which will also be used in the
closing argument)
 Introduction of counsel members
 Duty of jury
 Explanation of pleadings
 Explanation of what counsel must prove to win the case
 Introduction to witnesses and broad explanation of what they will
testify to (NO specific details)
Examination- Questioning of a
witness
Direct Examination
Cross Examination
• Attorney questions
his/her own witness (who
will testify to help the
attorney’s side of the
case)
• Open ended questions
• Attorney questions the
opposing counsel’s
witness (who will testify
to help the opposing side
of the case)
• Leading questionsquestions which have an
expected answer
o Allow for thorough
explanation in answers
o “Yes or No” questions
Closing Argument
• Reiterates points brought up in trial
• Brings together all arguments in a cohesive case theory
• Should include:
 Theme of your counsel’s case (which will also be used in the
opening statement)
 Explanation of pleadings
 Explanation of what counsel has proven to win the case
 Facts brought up in witness examinations
 Holes in opposing counsel’s case
 Persuasive conclusion (asking jury to fulfill their duty and make the
correct ruling)
Time Limits
• Opening Statements: 5 minutes maximum (per side)
• Examinations (including re-direct and re-cross): 30 minutes
maximum (per side)
• Closing Arguments: 5 minutes maximum (per side)