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PRE PARAT I ON GUI DE

MOCK TRIAL
RULES OF PROFESSIONAL CONDUCT
Law Society of Upper Canada- follow or risk a
suspension of their right to practice law

Lawyers must treat each other and the court with
candour, courtesy, fairness and respect

Courtroom decorum

See page 2/14 Examples of Courtesy by Lawyers

Courtroom Introductions
RULES OF PROFESSIONAL CONDUCT

All lawyers in Ontario are governed by a set of rules created by the Law
Society of Upper Canada. Lawyers must follow these rules or they risk a
suspension of their right to practice law, or even disbarment. The rules
also require counsel to treat the Court with candour, courtesy, fairness
and respect. If the decorum of the courtroom is not respected there is a
risk that the right of all parties to a fair hearing might be lost.
Examples of Courtesy By Lawyers
Excuse me, Your Honour, for interrupting my friend in the midst of cross
examination, is this a relevant line of inquiry?
With the greatest of respect, the Crown has failed to meet the high
burden required to establish that the defendant is guilty.
Your Honour, would the Court permit defence counsel and I a
moment to discuss just how we would like to proceed at this point.
Your Honour, if it please the Court, might I approach the witness to
have her identify this document?
Thank you for your Honours ruling.


SPECIFIC RULES FOR TEAM LAWYERS

1. Before proceeding with their opening statements, each team of
lawyers should have one of its members introduce the team to the
presiding judge(s):

Your Honour, my name is Mr./ Miss _______________. My colleagues are
Mr./ Miss _______________, Mr./ Miss _______________, and Mr./ Miss
_______________.
2. Each of the lawyers must engage in either the direct examination or
cross examination of a witness.

3. Lawyers may use notes to present their cases.

4. Fact sheets may NOT be disputed at the trial. Lawyers must not
interrupt the judge to point out that the other side is deviating from the
fact sheet. The judge(s) will be aware of this and will consider it when
evaluating the performance of the offending team.


SPECIFIC RULES FOR TEAM WITNESSES

1. All witnesses, including the accused, must take the
stand.

2. Witnesses are not permitted to use notes when
testifying during the trial with one exception: police
officers can use notes if the notes were made
contemporaneous to the investigation of the crime. The
notes are NOT the fact sheets.

3. The fact sheet binds each witness. The only time it
might be necessary to create a fact is if a cross-
examining lawyer asks a question that is not answered
by the fact sheet

RULES FOR WITNESSES
Witnesses are not allowed in a real courtroom nor in
this courtroom to bring or use notes

Police Officers are the only witness allowed to use
notes, if they ask permission to do so. Notes must be
introduced as evidence

Facts in the witness sheet are not to be
disputedhowever facts not able to be answered
from the sheet can be invented if they do not
deviate from the essence of the case
FAMILIARITY WITH THE CASE
Credibility of witnesses is crucial- students acting as
witnesses need to very much so get into their role

Think like the person might think and act- mannerisms

Lawyers must prep the witnesses- lack of preparation will
result in a poor case

Opening Statements
Closing Statements
Adaptability
TRIAL SCRIPT
1. Judge calls order (all students rise- including Jury)

2. Crown identifies themselves- defence follows

3. Judge reads indictment and the accused pleads (not guilty)

4. Crown Opening Statement

5. Crown Chief Examination of 1
st
Witness

6. Defence cross Examination of Crown 1
st
Witness

7. Crown Chief Examination of 2
nd
Witness

8. Defence cross Examination of Crown 2
nd
Witness

8a. Re-examination if requested
TRIAL SCRIPT
9. Defence opening statement

10. Defence Chief Examination of 1
st
Witness

11. Crown cross Examination of 1
st
Witness

12. Defence Chief Examination of 2
nd
Witness

13. Crown Cross Examination of 2
nd
Witness

14. Re-examination if requested
TRIAL SCRIPT
15. Defence provides Closing Argument

16. Crown provides Closing Argument

17. Judge gives charge to the jury

18. Jury is directed to leave- all rise

19. Jury returns with verdict

20. Judge reads verdict, returns to Foreperson, Jury reads verdict

21. Case is concluded
RULES OF EVIDENCE- OBJECTIONS
Objection will result in sustained (agree) or
overruled (disagree)

Page 5/14) Reasons for objecting:

Leading Questions
Hearsay
Irrelevant
Opinions and Conclusions
Non-responsive witness

RULES OF EVIDENCE- EXHIBITS
Announce you have an item you wish to show the
witness

Seek the permission of the bench to approach the
witness

Introduce the item to the witness and ask for
identification and explanation