Courtroom Etiquette
Courtrooms are formal environments with rules of professional etiquette, meaning rules of how to behave. As an attorney in a courtroom, you are expected to conduct yourself with professional courtesy. That means you will wear formal attire, you will sit and stand straight, you will speak using academic language (not slang), and you will conduct yourself with a polite demeanor towards everyone in the courtroom—including and especially those on the opposing side.
Addressing the Judge
When the judge enters the courtroom you are to stand and give the judge your attention. When the judge is speaking—you are not. If you need to communicate with your co-counsel, it is best to discreetly scratch out a note on your legal pad. Always at least project as if you are giving the judge your attention, even if your mind is thinking about something else.
You will need to address the judge often throughout the trial. Every single time you speak to the judge the words your honor should be used somewhere either at the beginning or end of your comment. Your honor,
may I begin? Yes, that is correct, your honor. No, your honor. Thank you, your honor. No further questions, your honor.
You will stand each and every time you address the judge. Even if you are simply answering “yes” or “no.” When you make an objection you will stand and say Objection, your honor. And you will stay standing until the judge has made his or her ruling.
Addressing other Attorneys
The attorneys on your side are called co-counsel. The attorneys on the other side are called opposing counsel. You may be referred to by the judge as counsel or counselor. Once the trial has begun you should never speak directly to opposing counsel—always speak to the judge, and when necessary make reference to opposing counsel: Your honor, opposing counsel is arguing that the defendant is innocent and it is the position of the prosecution that he is guilty. You may refer to opposing counsel as Mr./Ms._____last name, or as counsel or opposing counsel. You should refer to your co-counsel in the same format, not by their first name. You should refer to yourself in the third person as either The Defense or The Prosecution.
Team Introductions
Each side will take turns introducing themselves to the judge and scorers. The entire team should stand all at once. The pre-trial attorney will introduce first: good evening your honor, scoring attorneys, my name is Rachel Blank, that is B-L-A-N-K. I am a pre- trial attorney for the defense. Then sit. Trial attorneys go next: good evening your honor, my name is Mayra Lopez, that’s L-O-P-E-Z and I am representing the defendant, Evan Shem. I will be conducting the opening statement, as well as the direct exam of officer Dilbert, Carl Marx, and Augustus Waters. I will also be conducting the cross-examination of Ray Concha and Albert Einstein. Have a seat, allow remaining attorneys to introduce themselves. Then witnesses will introduce themselves: good evening your honor, scoring attorneys, my name is Samuel Stein, that’s S- T-E-I-N, and tonight I am officer Dilbert. Bailiff or clerk will introduce themselves, then coaches. Watch the example below.
Pretrial Proceedings
The pre-trial motion is a motion to exclude a piece of evidence that the defense feels was secured by violating the defendant’s Constitutional rights and therefore should not be allowed into evidence. Since it is the defense’s motion, the defense will present its argument first, using cases that are provided to both sides that bear on the particular issue. The judge will interrupt the pre-trial attorney with questions and the pre-trial attorney will engage in a legal discussion with the judge.
The prosecution’s pre-trial attorney will present its argument, supported by the cases, as to why defendant’s Constitutional rights were not violated, engaging in the same kind of legal discussion with the judge.
The defense will have a chance to offer a rebuttal, followed by a rebuttal offered by the prosecution. The judge will then render a ruling, either granting the motion and suppressing the evidence (defense won, evidence stays out of trial) or denying the motion (prosecution won, evidence stays in). The issues in the pre-trial motion are designed to be close, and the judge’s ruling may change from round to round. This is an important part of the trial because, based on this ruling, the particular evidence will either be admitted during the trial or excluded. Trial attorneys should therefore take note of this ruling, because if the motion is granted, you are not allowed to refer to the suppressed evidence during trial. Watch the example below.
Trial Proceedings
Opening Statements
The prosecution will start with an opening statement; there are no objections allowed during opening statements and the judge will not interrupt you. The judge will then ask the defense team if they have an opening statement they would like to deliver, or would they like to reserve their opening statement until they present their case. This will become a year-to-year strategy decision based on the case, but in most cases the defense will present their opening at the beginning of the trial. There are no rebuttals to the opening statements.
Prosecution’s Case: Witness Testimony
The prosecution presents their case first. Either the judge will ask the prosecution if they would like to call their first witness, or the prosecution may ask the judge your honor, may the prosecution call its first witness to testify?
The prosecution calls witnesses to testify by stating “your honor, the prosecution calls (witness name)”. The court bailiff will then stand, call out the name, lead the witness to the stand, and swear the witness in. The prosecution begins conducting their direct exam by asking the appropriate kinds of questions, and the defense attorney that will conduct that witnesses cross-examination listens carefully and objects to testimony or questions when appropriate. Watch the example below.
After the prosecution delivers its direct exam, the defense delivers the cross exam, and the prosecution is provided the option of delivering a re-direct, either the judge will excuse the witness or the prosecuting attorney will ask the judge “your honor, may this witness be excused?” Then this process repeats itself for the next 3 witnesses.
Defense’s Case: Witness Testimony
Closing Arguments
After the witness testimony, attorneys will deliver their closing arguments. During direct and cross exams, attorneys are restricted from offering their own argument or interpretation of evidence–they can only ask appropriate questions. Closing arguments is where lead attorneys have the opportunity to explain what they think happened and convince the judge that the defendant is either guilty or not-guilty. The prosecution goes first.
Prosecution Closing Argument
Defense Closing Argument
After closing arguments, both sides are offered a brief rebuttal
During the trial, every member of the team should remain in character. Attorneys should remain active and engaged even when the witness testifying is not a witness they will be questioning. Remember, you are defending a client from a crime he or she didn’t commit, or you are representing the entire society and protecting the community from an individual who would do them harm. Listen carefully to what is being said and asked by opposing counsel, take notes on issues to be raised in cross or in a closing argument, play the part of a serious professional. It is easy for witnesses to slip out of character since they have significant waiting time before and after “their part” of the competition; but witnesses need to stay in character the entire time as well. This also goes for team members who do not have a role in that particular round. Sit up straight, pay attention to the trial (or project that you are) and avoid talking to each other, snickering/laughing, or communicating with people in the gallery. The entire team is scored as a whole in addition to individual witnesses, attorneys, bailiff, and clerk.
Verdict & Closing Remarks
The judge will provide a brief opportunity for attorneys to confer with their coaches if they believe any rules were violated during trial. Only significant rule violations are worthy of this level of objection. Attorneys should turn around to look at their coaches, who will either shake their head yes or no, and then turn back to the judge.
After the judge issues a verdict, the competition is officially over and team members can relax and slip out of character while still conducting themselves professionally. Usually the judge and all of the scoring attorneys will offer some feedback and remarks. Act gracious, nod your head like you are listening, but its important to remember–they are not your coach! Most of the time their advice is not relevant. Instead, rely on the advice and feedback of your coaches. But do take their compliments!
