Opening and Closing Statements
• Someone in your legal team should prepare a BRIEF opening and closing statements. (1 to 2 minutes) [opening and closing]
Witness Questions
• Attorneys must prepare their case and questions (Questioning the Witness)
Templete for questioning the witnesses (Lawyer Notes)
• Each set of attorneys must call at least 5 and no more than 6 witnesses during the trial.
• Attorneys may meet with witnesses to discuss if they would be useful to call to the stand.
• Attorneys must notify the witnesses that they will call to the stand and provide each witness with the questions they will be asking them.
• Attorneys must also anticipate the witnesses that will be called by the other side and draft questions for cross-examination. These questions will not be shared with the witnesses.
• Attorneys may have the opportunity to challenge testimony that is not accurate and witnesses will have to provide the court with the supporting evidence if they want their testimony to be admissible.
Objections during the trial:
• Only the attorneys can object
• Attorneys may only object on a few grounds
1) Lack of Evidence:
This is the most important form of objection. All testimony must be supported by the evidentiary documents! Any testimony given can be challenged based on not being in the document set.
If challenged, the witness must cite where in the document set this testimony is supported. Failure to cite the source will lead to testimony being stricken.
2) Leading Questions: Questions in which the attorney asking the question gives the witness the answer they would like to hear in the wording of the question.
3) Badgering the Witness: Attorneys may object if an opposing attorney is badgering a witness. Attorneys may not harass witnesses in any way, especially asking the same question over-and-over again.
The judge will make all rulings on evidence and objections!
Attorneys must provide
1) opening and closing statements
2) a lists of the direct examination questions which they intend to ask their own witnesses. These lists are also provided to the attorneys for the opposing side.