1. Grouping. The members of the class shall be plausible, thus giving each side a good fighting chance to win. organized into groups of three law students each. One member a group shall conduct the direct and another 4. Selection of cases to be tried. Each group shall member, the cross. The third member shall orally argue its submit to the professor on the agreed date a one-page case at the end of trial. The members may, however, assign summary of the case it suggests for trial and make a five- among themselves segments of the trial as they see best. minute presentation of its substance in class. The One group shall be matched against another group. presentation should give the opposing versions of each side of the case. After all the groups have made their 2. Suggested case. Each group shall scout for and presentations, the professor shall choose half of these cases submit a case for trial derived from an actual legal dispute, for mock trials in the classroom. whether civil or criminal (not including labor cases that do not undergo trial). The chosen case may still be in the 5. Service of documents on opponent. When a case is process of trial or has already been decided. Possible sources chosen for trial, the group that proposed such case shall of these cases are records in the hands of litigation lawyers immediately give the group that is matched against it, copies or records that courts keep. To protect the identities of the of the source materials mentioned above. The source personalities involved in these cases, such as the parties, materials define the basic storylines that shall bind the their counsel, and the judge, their names shall be changed for opposing groups. For the classroom trial, however, the the purpose of the mock trial. parties may add factual details and submit such documentary evidence, as they desire, provided that these do not change 3. Case Criteria. To be acceptable for the purpose of the basic storylines in the source materials. The professor the workshop, the chosen case for trial must meet the shall determine by drawing of lots which group shall following criteria: represent the plaintiff and which shall represent the defendant. a) The basic documents of the case should be available for copying. In a civil case, these would be composed of 6. Exchange of conflicting stories of witnesses. Each copies of the complaint, the answer, the record of trial, and group shall serve on the opposing group, at least one week the documentary exhibits; and, in a criminal case, these before the scheduled trial, a copy of the judicial affidavit of would be: copies of the information, the documentary its sole witness (in question and answer form), stating the exhibits, and the sworn statements or testimonies of the facts that he or she shall testify on. No fact can be elicited witnesses. These sets of documents shall be collectively from the witness during direct examination that is not called source materials. contained in his or her judicial affidavit. If documentary b) The circumstances of the case appeal to human exhibits shall be presented as well, these must be included interest; as annexes to the judicial affidavit of such witness. Surprise c) The testimony of one witness for each side would be evidence shall not be allowed. sufficient to prove their respective cases; and 7. Individual case file and trial brief. Each member of a a) Each firm shall have a total of 50 minutes to conduct group shall prepare and maintain his own individual case file, both the direct and redirect examinations of its witness and containing copies of all the documents that shall be adduced the cross-examination and re-cross examination of its in the case, the affidavits of the witnesses from both sides opponents witness. For example, if it consumes only 20 and their respective documentary exhibits. The members minutes for direct, it shall have 30 minutes left for redirect, name shall appear on the cover of the file. He shall also cross, and re-cross. The clock shall stop during objections or prepare his individual trial brief on the case, a copy of which class discussions. The assigned time-keeper shall warn the he shall submit to the professor (thru the college office) student counsel through appropriate signs when his allotted within one week after the exchange of opposing affidavits. time for examining the witness is running out and signal him Any student who is unable to submit the required individual to stop when it actually runs out. trial brief on time shall be excluded from the trial. The b) Each party shall have only one witness. If some individual trial brief shall contain the following: other minor testimony is required, like a medical examination report, this may just be identified and submitted in the course a) An abstract of the conflicting claims of the parties; of trial. Such report, if reproduced from the source materials, b) A statement of the factual issues of the case based shall be considered prima facie true. on the abstract made; c) Each party shall have 5 extra minutes for re-direct c) The relevant laws and an analysis of how these laws and re-cross, if they want. shall operate on the facts of the case; d) The assigned counsel from each side shall have 5 c) A detailed outline of the testimony of the witness minutes for oral argument at the end of the trial. that shall be presented to prove the facts needed to support e) After the argument, the panel of judges shall briefly the clients theory of the case; withdraw to deliberate on their verdict; it shall thereafter d) A detailed outline of the probable testimony of the immediately issue the same, which shall be inappealable. adverse partys witness; and f) Witnesses shall, unless otherwise permitted by the e) A cross-examination guide containing its objectives, professor, be drawn only from among the members of the the admissions sought to be elicited, and the probable class. The student who acts as a witness shall be given questions to ask, arranged in proper sequence. credit for plausible performance. g) Trial shall be conducted with courtesy, civility, and 8. Group trial brief. The members of the group shall friendliness among counsel and witnesses. then meet and discuss the various individual trial briefs, debate their merits, and come up with a group trial brief, copy 10. Trial Sequence. The conduct of trial shall be in the of which they shall submit to the professor on the first day of following order: the trial of their case. a. All shall rise when the judge enters the court. 9. Trial Proper. The Rules of Court shall govern the b. The presiding judge shall bang his or her gavel and trial. For classroom purposes, however, the following take his seat with the other judges. additional ground rules shall be observed: c. The trial clerk shall call out the title of the case for trial. d. The lawyers shall enter their appearances by s. After trial, one of the plaintiffs counsel, followed by introducing themselves, first the plaintiffs lawyers, then the one of the defendants counsel, shall argue their cases. defendants lawyers. t. The panel of judges shall render its decision. e. The presiding judge shall then ask the parties if they are ready; if they are, he shall require the plaintiff to call his 11. Trial Support Group. Three groups shall take part or her witness. in every trial. The groups that are paired to try a case against f. The trial clerk shall swear in the witness, then ask each other shall be the principal groups. The third group him his personal circumstances. shall serve as the support group from which shall be drawn g. The plaintiffs counsel shall ask courts permission the following: a) the judge; b) the trial clerk who shall call the to proceed with the examination of the witness and this shall case, elicit the personal data needed from the witness, swear be granted. him, and mark the exhibits; c) two stenographers who shall h. Before examining the witness, counsel shall make an divide between themselves the work of taking down the offer of his testimony. questions and the answers of the witness; and d) the time i. Counsel shall begin his direct examination. keeper who shall monitor the time consumed for direct j. The stenographers shall record the questions and the examination, cross-examination, re-direct examination, re- answers. cross examination, and oral argument. k. When documentary evidence is presented, counsel shall, unless the evidence has been previously marked in the Out of the six cases that shall be tried, the principal judicial affidavit, requests that it be marked as Exh. A, if for groups in the sixth case shall be the support group for the plaintiff, and Exh. 1, if for defendant; the trial clerk shall place first case; the principal groups in the first case shall be the the appropriate marking on the document; counsel shall ask support group for the second case; the principal groups in the the witness to authenticate the document by stating how he second case shall be the support group for the third case, and relates to it. so on until the last case. The principal groups whose case l. When the direct examination ends, the defendants shall be tried shall choose by consensus from the support counsel shall ask the courts permission to cross-examine the group the student presiding judge who shall hear their case. witness. The student presiding judge shall be the leader of the support m. After the cross examination, plaintiffs counsel may group and shall designate who shall be the trial clerk, the conduct a re-direct examination; defendants counsel may do stenographers, and the time keeper. a re-cross. n. Plaintiffs counsel shall make a formal offer of his documentary exhibits, stating the purpose of the offer. o. Defendants counsel shall comment on or object to the offer. p. Court shall admit or deny admission of the offered exhibits. q. Plaintiffs counsel shall rest his case. r. The defendant shall present his or her case in the same sequence.