Rules of the competition, 2005
A. Administration
Rule 1.1. Rules
The Wisconsin High School Mock Trial Competition is governed by the Rules of the Competition and the Wisconsin High School Mock
Trial Rules of Evidence. Any clarification of rules or case materials will be issued in writing to all participating teams no
less than two weeks prior to the regional and state tournaments. (Mock Trial Version).
Rule 1.1. Rules
All trials will be governed by the Rules of the Wisconsin High School Mock Trial Competition and the Wisconsin High School Mock Trial Federal Rules of Evidence.
Every team is responsible for knowing and following the rules. Teacher and attorney coaches are responsible for their team members. Minor, repeated or flagrant violations may result in reduction of your team's points during any given round or disqualification from the competition. The decision as to appropriate penalty is at the discretion of the site tournament coordinator.
All teams are responsible for the conduct of persons associated with their teams throughout the mock trial event.
Serious disciplinary infractions in any area of the program can result in suspension or dismissal from the program by the State Coordinator.
Questions or interpretations of these rules are within the discretion of the State Coordinator, his/her designee, or the Appeals Panel, whose decision is final.
Rule 1.2. Code of Conduct
The Rules of the Competition, as well as proper rules of courthouse and courtroom decorum and security, must be followed. The Mock Trial Coordinator possesses discretion to impose sanctions, up to and including forfeiture or disqualification, for any misconduct, flagrant rule violations or breaches of decorum which affect the conduct of a trial or which impugn the reputation or integrity of any team, school, participant, court officer, judge or the mock trial program.
Rule 1.3. Emergencies
In the event of an emergency that would cause a team to be unable to continue a trial or to participate with less than six members, the team must notify the tournament coordinator as soon as reasonably practical. If the coordinator, in his or her sole discretion, agrees that an emergency exists, he or she shall declare an emergency and will decide whether the team will forfeit or may direct that the team take appropriate measures to continue any trial round with less than six members. A penalty may be assessed.
A forfeiting team will receive a loss and points totaling the average number of the ballots and points equal to the average of its own ballots and points earned in subsequent rounds, if possible. The non-forfeiting team will receive a win and an average number of ballots and points totaling the average number of the ballots and points equal to the average of its own ballots and points earned in subsequent rounds.
The site coordinator will make final determination of emergency, forfeiture, reduction of points, or advancement.
Rule 1.4. Tournament Coordinators
Coordinators have the authority to establish the time and day and location for the mock trial competition. Participants must comply or withdraw from the tournament.
Rule 1.5. Attorney Coaches
Attorney Coaches with a child entered in the tournament can coach his or her child's mock trial team and may also act as a judge (if needed) for any of the trials during the tournament except those trials in which his or her child is competing. Attorney coaches will be asked to judge only in emergency situations.
Rule 1.6. Drop Deadline
Schools that drop a team after the drop deadline of January 28, 2005 will be placed on probation the following year. Schools on probation will only be permitted to enter one team in the competition. If a school on probation drops a team after the deadline, the Mock Trial Advisory Board has the option of barring that school from competition the following year.
If a team drops out of the competition without notice after 5:00 p.m. the Thursday prior to competition for reasons other than "An Act of God", the school will not be allowed to compete for at least one year.
The Mock Trial Advisory Board reviews all appeals on the status of participation for those schools violating the drop policy.
B. The Case
Rule 2.1. The Case
The case is an original fact pattern that may contain any or all of the following: statement of facts, indictment, stipulations, witness statements/affidavits, jury charges, exhibits, etc. Stipulations may not be disputed at trial. Witness statements may not be altered.
The case shall consist of three witnesses per side, all of whom shall have names and characteristics that would allow them to be played by either males or females. All three of the witnesses must be called and examined by each side.
Rule 2.2. Witnesses Bound by Statements
Each witness is bound by the facts contained in his/her own witness statement, the Statement of Facts, if present, and/or any necessary documentation relevant to his/her testimony. Fair extrapolations may be allowed, provided reasonable inference may be made from the witness' statement. If, in direct examination, an attorney asks a question which calls for extrapolated information pivotal to the facts at issue, the information is subject to objection under Rule 2.3, "unfair extrapolation."
A witness is not bound by facts contained in other witness statements.
Rule 2.3. Unfair Extrapolation
A fair extrapolation is one that is neutral. Unfair extrapolations are best attacked through impeachment and closing arguments and are to be dealt with in the course of the trial.
If a witness is asked information not contained in the witness' statement during direct or re-direct examination, the answer must be consistent with the statement and may not materially affect the witness' testimony or any substantive issue of the case. If a witness is asked information not contained in the witness' statement during cross examination, the answer need not be consistent with the statement and may or may not materially affect the witness' testimony or any substantive issue of the case.
Attorneys for the opposing team may refer to Rule 2.3 in a special objection, such as "unfair extrapolation" or "this information is beyond the scope of the statement of facts."
Possible rulings by a judge include:
a) No extrapolation has occurred;
b) An unfair extrapolation has occurred;
c) The extrapolation was fair.
When an attorney objects to an extrapolation, the judge will rule in open court to clarify the course of further proceedings. In the event the judge rules that an unfair extrapolation has occurred, the same number of points will be deducted by each performance judge with the penalties increasing per each subsequent violation.
The decision of the presiding judge regarding extrapolations or evidentiary matters is final.
Rule 2.4. Gender of Witnesses
All witnesses are gender-neutral. Personal pronoun changes in witness statements indicating gender of the characters may be made. Any student may portray the role of any witness of either gender.
Rule 2.5. Voir Dire
Voir dire examination of a witness is not permitted.
C. Team
Rule 3.1 Team Conduct
All participants are expected to display proper courtroom decorum and sportsmanlike conduct and wear appropriate dress.
Rule 3.2. Team Eligibility
Teams competing in the Wisconsin High School Mock Trial Competition must be comprised of students enrolled in grades 9-12 at time of competition. This rule specifically prohibits those students who graduate in December or January, prior to competition, from participating.
A team that earns a berth at the state tournament must be comprised of the same students (including alternates) that participated in the regional tournament. This rule specifically prohibits a school from choosing among students from two teams to select participants for the state team.
In emergency situations, one team member substitution will be allowed for participation at the state tournament with the state coordinator's prior permission.
Rule 3.3 Team Sponsor
Each school must have present at all times during State Bar sponsored competitions, its teacher coach or other school administrative staff person designated by the school to be responsible for the team(s).
Rule 3.4. Team Composition
Teams consist of six members assigned to roles representing the Petitioner/
Plaintiff/Prosecution and defense/defendant sides. Also, teams may have up to six alternate members, whose duties may be assigned at the discretion of the team's coach(es). However, only six members may participate in any given round. Each team's timekeeper is considered part of the official team. [See Rule 3.5 and Rule 3.6 for further explanation.]
The Team Roster will become official at the time of on-site registration. After on-site registration, teams may not substitute any other persons for official team members.
Rule 3.5. Team Presentation
Teams must present both the Petitioner/Plaintiff/Prosecution and Defense/Defendant sides of the case, using six team members in each trial round. For each trial round, teams shall use three students as attorneys and three students as witnesses. Each team may have up to 12 students (including the timekeeper) with six students being used as alternates. Teams may switch positions from trial to trial but may not switch positions during a single trial.
Rule 3.6. Team Duties
Team members are to evenly divide their duties. Each of the three attorneys will conduct one direct examination and one cross-examination; in addition, one will present the opening statement and another will present the closing argument.
In other words, the eight attorney duties for each team will be divided as follows:
- Opening Statement
- Direct Examination of Witness #1
- Direct Examination of Witness #2
- Direct Examination of Witness #3
- Cross Examination of Witness #1
- Cross Examination of Witness #2
- Cross Examination of Witness #3
- Closing Argument (including Rebuttal) [See Rule 4.5]
Opening Statements must be given by both sides at the beginning of the trial. The opening statement and closing argument must be given by different attorneys on each team.
The attorney examining a particular witness on direct examination is the only person who may object to the opposing attorney's questions. The attorney cross-examining a witness will be the only one permitted to make objections during the direct examination of that witness.
Each team must call three witnesses. Witnesses must be called only by their own team and examined by both sides. Witnesses may not be recalled by either side.
Rule 3.7. Team Roster Form
Schools participating in the tournament must submit an original team roster to both the State Coordinator and regional coordinator
by 3:00 p.m. on the Friday before the regional tournament. The roster form should include all team members, coaches and timekeeper.
Each role should be clearly identified along with the team ID and school name. An official copy should also be submitted to the
regional coordinator on the day of the regional tournament. The Team Roster does not become official until it is turned in on the
day of the regional tournament. Team members whose names are submitted at the beginning of the regional tournament are the only
members that can compete at state should your team qualify. Your team roster becomes the official team roster during on-site
registration at the regional tournament; therefore, it also becomes the official state tournament roster. Only those names appearing
on the roster submitted at the regional tournament will be eligible for state participation. Please make sure your rosters are
accurate when you turn them in on February 12, 2005.
Please have enough copies of the Team Roster Form (See form on page 51.) filled out prior to arrival at the courtroom for
each round of competition. Teams must provide a completed roster form to the judges prior to each round of competition. Teams
must be identified by the team identification number assigned at registration. No information identifying team origin should
appear on the form. Before beginning a trial, the teams must exchange copies of the Team Roster Form. The roster form should
identify the gender of each witness so that references to such parties will be made in the proper gender.
Note: Your team was assigned a team identification number at the beginning of the season. It is imperative that you do
not switch your team ID number. This is how we record your team results. If there is any attempt to switch numbers, even if it
is between your second team, you can and will be disqualified.
D. The Trial
Rule 4.1. Courtroom Setting
The (Petitioner/Plaintiff/Prosecution) team shall be seated closest to the jury box. No team shall rearrange the courtroom without prior permission of the judge.
Teams should be in their assigned courtrooms no later than ten minutes prior to the starting time of each trial. If a team has not arrived ten minutes after the scheduled starting time, the presiding judge may declare a forfeit. Extenuating circumstances, such as weather conditions, may be taken into consideration by the judge.
Rule 4.2. Stipulations
Stipulations shall be considered part of the record and already admitted into evidence.
Rule 4.3. Reading Into the Record Not Permitted
Stipulations, the indictment, or the charge to the jury will not be read into the record.
Rule 4.4. Swearing of Witnesses
The following oath may be used before questioning begins:
"Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth?"
The swearing of witnesses will occur in one of two ways. Either the presiding judge will indicate all witnesses are assumed to be sworn, or the above oath will be conducted by (a) the presiding judge, (b) a bailiff provided by one of the teams; or (c) the examining attorney. Witnesses may stand or sit during the oath.
Rule 4.5. Trial Sequence and Time Limits
Each team is given a total of 40 minutes to present its case. It is up to each team to decide how it wants to use its time allotment. The following are guidelines to be used in preparing your arguments.
The trial sequence and suggested (not mandatory) time limits are as follows:
- Opening Statement (3 minutes per side)
- Direct and Redirect (optional) Exmn. (20 minutes per side)
- Cross and Recross (optional) Exmn. (15 minutes per side)
- Closing Argument (2 minutes per side)
The (Petitioner/Plaintiff/Prosecution) gives the opening statement first. The (Petitioner/Plaintiff/Prosecution) gives the closing argument first and the (Petitioner/Plaintiff/Prosecution) may reserve a portion of its closing time for a rebuttal. The (Petitioner/Plaintiff/Prosecution's) rebuttal is limited to the scope of the Defense's closing argument.
Rule 4.6. Timekeeping
Time limits are mandatory and will be enforced. The judges are instructed to take into account a team's adherence to the total time allotment when making performance evaluations. Thus, it is to each team's advantage to have an accurate timekeeper and to keep its presentation within the 40-minute allotment.
Each team is required to have its own timekeeper. You may use one timekeeper per trial if both sides agree prior to trial. The timekeeper should use a stopwatch [not a watch] to keep time. This person is considered part of the official team and therefore, cannot be a teacher or attorney coach. At the state tournament, official timekeepers will be provided.
Timekeeping aids are allowed as long as they are not disruptive in any way.
Time for objections, extensive questioning from the judge, or administering the oath will not be counted as part of the allotted time during examination of witnesses and opening and closing statements.
NOTE: Time does not stop for introduction of exhibits or for teams requesting time to regroup.
Rule 4.7. Time Extensions and Scoring
The presiding judge has sole discretion to grant time extensions. However, teams will have points deducted for going over the time limit. Judges are instructed to communicate time violations to the tournament coordinator. The tournament coordinator is responsible for deducting points for teams going over the allotted time. The point deductions (per score sheet) are:
| TIME VIOLATION: | POINT DEDUCTION: |
| less than one minute | one point |
| one-two minutes | two points |
| two-three minutes | three points |
| three-four minutes | four points |
| four-five minutes | five points |
| over five minutes | 10 points |
Rule 4.8. Motions Prohibited
No motions may be made other than motions to strike testimony after a sustained objection and motions to admit documentary evidence (i.e. "I move the admission of Exhibit 1.").
In the event of an emergency, a recess may be called. Should a recess be called, teams are not to communicate with any observers, coaches, or instructors.
In the event of an emergency, a recess may be called. Should a recess be called, teams are not to communicate with any observers, coaches, or instructors.
Rule 4.9. Sequestration
Teams may not invoke the rule of sequestration.
Rule 4.10. Bench Conferences
Bench conferences may be granted at the discretion of the presiding judge, but should be held from the counsel table in the educational interest of handling all matters in open court.
Rule 4.11. Supplemental Material/Costuming
Teams may refer only to materials included in the trial packet. No illustrative aids of any kind may be used, unless provided in the case packet. No enlargements of the case materials will be permitted. Absolutely no props or costumes are permitted unless authorized specifically in the case materials. Costuming is defined as hairstyles, clothing, accessories, and makeup, which are case specific.
Rule 4.12. Trial Communication
Coaches, alternates and observers shall not talk to, signal, communicate with, or coach their teams during trial. This rule remains in force during any emergency recess time that may occur. Team members may communicate, among themselves, during the trial; however, no disruptive communication is allowed. Signaling of time by the teams' timekeepers shall not be considered a violation of this rule.
Coaches, alternates, and observers must remain outside the bar in the spectator section of the courtroom and may not communicate with any member of their participating team during competition [which includes any breaks that may occur in the trial]. Only team members participating in this round may sit inside the bar and communicate with each other.
Rule 4.13. Viewing a Trial
Team members, alternates, attorney/coaches, teacher/coaches, and any other persons directly associated with a mock trial team, except for those authorized by the State Coordinator, are not allowed to view other teams' performances in the competition, as long as their team remains in the competition. Teams are responsible for making sure their team observers understand and comply with this rule.
For those coaches with two teams in the tournament, please stay with one team during an entire trial. However, you may move between teams between rounds.
Coaches, team members and observers are prohibited from discussing any other team's performance with coaches from other schools and other teams (including their own) that have not yet competed against the team observed.
In bye round situations, a team receiving a bye is not to observe other teams in competition during that round.
Rule 4.14. Videotaping/Photography
During rounds at the regional and state semi-finals, teams may videotape and/or audiotape their trials if allowed by the presiding judge and if:
Video cameras are allowed in the courthouse
The video camera is used from one location in the audience only
The videotaping/audiotaping does not disrupt the trial in any way
Tape recorder is placed at counsel table or in the audience
If your school videotapes/audiotapes a trial between your team and another school's team, and both teams are in a play-off round to determine the regional winner, the tape of that round must be turned over to the regional coordinator until the play-off round is complete. The tournament coordinator will return it to your team after the regional champion has been declared.
The State Bar of Wisconsin will tape the state finals in the Supreme Court and will provide copies to the teams in the state tournament.
Photography by the media/coordinators will be allowed at all levels of competition; however, the taking of photos must not interfere with the trial in process. Photos will be taken from outside the bar. The use of flash will not be permitted.
Rule 4.15. Jury Trial
The case will be tried to a jury; arguments are to be made to judge and jury. Teams may address the scoring judges as the jury. (This rule may vary from year to year depending on the case.) In 2005, the case will be a jury trial.
Rule 4.16. Standing During Trial
Unless excused by the judge, attorneys will stand while giving opening and closing statements, during direct and cross examinations, and for all objections.
Rule 4.17. Objections During Opening Statement/Closing Argument
No objections may be raised during opening statements or closing arguments.
Rule 4.18 Objections
Objections should be limited to those contained in the Rules of the Competition and the Wisconsin High School Mock Trial Federal Rules of Evidence.
- Opinion: Counsel is asking the witness to give an opinion for which she has not been qualified.
- Speculation: Counsel is asking the witness to speculate in order to answer the question.
- Evidence outside the scope of mock trial case materials: Counsel is seeking to introduce an exhibit or document (or present legal or other authorities, or present testimony) that creates a material fact outside the record in this case. This is in conflict with the rules of the competition, and is, therefore, improper
- Narrative: Questions must be stated so as to call for a specific answer. (Example of improper question: "Tell us what you know about this case.")
- Asked and answered: Questions designed to elicit the same testimony or evidence previously presented in its entirety are improper if merely offered as a repetition of the same testimony or evidence from the same or similar source.
- Non-Responsive: A witness' answer is objectionable if it fails to respond to the question asked.
- Assuming facts not in evidence. Attorneys may not ask a question that assumes unproved facts. However, an expert witness may be asked a question based upon stated assumptions, the truth of which is reasonable supported by evidence (sometimes called a "hypothetical question").
- Argumentative Questions: Attorneys shall not ask argumentative questions. However, the court may, in its discretion, allow limited use of argumentative questions on cross-examination.
- Lack of Proper Predicate/Foundation: Attorneys shall lay a proper foundation prior to moving the admission of evidence or requesting that the court recognize a witness as an expert.
After motion has been made to admit an exhibit, the exhibit may still be objected to on other grounds. After a request has been made to recognize a witness as an expert in a specific field, subsequent testimony of the witness may still be objected to on other grounds.
- Offer of Proof: If an objection is sustained to evidence that you consider vital to the case, or evidence that would be important for an appellate court's review, especially in a jury trial, you may wish to make an "offer of proof" to place the evidence on the record outside the jury's hearing.
Teams are not precluded from raising additional objections which are available under the Wisconsin High School Mock Trial Federal Rules of Evidence, however, teams should not go beyond these materials to master the Wisconsin Evidence Statutes.
If an opposing team goes beyond these rules, this paragraph should be brought to the attention of the presiding judge. Judges are instructed to deduct points for inappropriate objections.
Winning or losing the ruling on an objection is not what is important, but rather the team's knowledge of the rules. Also important are how the team reacts to the decision of the presiding judge, the presentation of the objection and the opponent's response (both verbally and strategically) to the objection and to the court's ruling.
Rule 4.19. Ruling on Objections (NEW)
Judges will be instructed to handle objections in the following manner: the objection will be stated, the opposing team will respond, the objecting team will reply and the judge will rule on the objection. It is to your team's advantage to make substantive objections and not use objections as a team strategy.
Rule 4.20. Reserved
Rule 4.21. Procedure for Introduction of Exhibits
(Remember, timing does NOT stop during this process.)
As an example, the following steps effectively introduce evidence:
- All evidence will be pre-marked as exhibits.
- Ask for permission to approach the bench. Show the presiding judge the marked exhibit. "Your honor, may I approach the bench to show you what has been marked as Exhibit No.__?"
- Show the exhibit to opposing counsel.
- Ask for permission to approach the witness. Give the exhibit to the witness.
- "I now hand you what has been marked as Exhibit No.___ for identification."
- Ask the witness to identify the exhibit. "Would you identify it please?"
- Witness answers with identification only.
- Offer the exhibit into evidence. "Your Honor, we offer Exhibit No.__ into evidence at this time. The authenticity of this exhibit has been stipulated."
- Court: "Is there an objection?" (If opposing counsel believes a proper foundation has not been laid, the attorney should be prepared to object at this time.)
- Opposing Counsel: "No, your Honor," or "Yes, your Honor." If the response is "yes," the objection will be stated on the record. Court: "Is there any response to the objection?"
- Court: "Exhibit No. __ is/is not admitted."
Rule 4.22. Use of Notes
Attorneys may use notes in presenting their cases. Witnesses are not permitted to use notes or case materials while testifying during the trial except for proper evidentiary purposes (i.e. identifying exhibits, refreshing recollection, impeachment etc.). Attorneys may consult with each other and witnesses at counsel table verbally or through the use of notes.
Rule 4.23. Redirect/Recross
Redirect and Recross examinations are permitted, provided they conform to the restrictions in Rule 611(d) in the Wisconsin High School Mock Trial Federal Rules of Evidence.
Rule 4.24. Scope of Closing Arguments
Closing Arguments must be based on the actual evidence and testimony presented during the trial.
Rule 4.25. The Critique
The judging panel is allowed nine minutes for debriefing. The timekeeper(s) will monitor the critique following the trial. Presiding judges are to limit critique sessions to a combined total of nine minutes. There is no critique after the fourth round.
Judges shall not make a ruling on the legal merits of the trial. Judges may not inform the students of score sheet results.
E. Judging and Team Advancement
Rule 5.1. Finality of Decisions
All decisions of the judging panel are FINAL.
Rule 5.2. Composition of Judging Panels
The judging panel will consist of three individuals: one presiding judge and two attorney scoring judges (all three of whom complete score sheets).
All presiding and scoring judges receive the mock trial manual, a memorandum outlining the case, orientation materials, and a briefing in a judges' orientation.
The Championship round will consist of Justices from the Wisconsin Supreme Court.
Rule 5.3. Score Sheets/Ballots
The term "ballot" will refer to the decision made by a scoring judge as to which team made the best presentation in the round. The term "score sheet" is used in reference to the form on which speaker and team points are recorded. Score sheets are to be completed individually by the scoring judges. Scoring judges are bound by the rulings of the presiding judge. The team that earns the highest points on an individual judge's score sheet is the winner of that ballot. The team that receives two of the three ballots wins the round. The ballot votes determine the win/loss record of the team for power-matching and ranking purposes. While the judging panel may deliberate on any special awards (i.e., Outstanding Attorney/Witness - if given) the judging panel should not deliberate on individual scores.
Rule 5.4. Completion of Score Sheets
Each scoring judge shall record a number of points (1-10) for each portion of the trial. At the end of the trial, each scoring judge shall total the sum of each team's individual points, place this sum in the Column Totals box, and enter the team ("P" for Petitioner/Plaintiff/Prosecution or "D" for defense/defendant) with the higher number of points in the Tiebreaker Box. NO TIE IS ALLOWED IN THE COLUMN TOTALS BOXES.
In the event of a mathematical error in tabulation by the scoring judges which, when corrected, results in a tie in the column Totals boxes, the Tiebreaker Box shall determine award of the ballot.
Rule 5.5. Team Advancement
Teams will be ranked based on the following criteria in the order listed:
- Win/Loss record - equals the number of rounds won or lost by a team;
- Total number of ballots - equals the number of scoring judges´ votes a team earned in preceding rounds;
- Total number of points accumulated in each round;
- Point spread against opponents - The point spread is the difference between the total points earned by the team whose tie is being broken less the total points of that team's opponent in each previous round and is only used to break a tie. The greatest sum of these point spreads will break the tie in favor of the team with the largest cumulative point spread.
Rule 5.6. Power Matching/Seeding - State Tournament
A random method of selection will determine opponents in the first round. A power-match system will determine opponents for all other rounds. The two teams emerging with the strongest record from the four rounds will advance to the final round. The first-place school will be determined by ballots from the championship round only.
A modified version of power-matching will be used at the regional tournaments in regions with fewer than 10 teams.
Power matching will provide that
- pairings for the first round will be at random;
- all teams are guaranteed to present each side of the case at least once;
- brackets will be determined by win/loss record. Sorting within brackets will be determined in the following order: (1) win/loss record; (2) ballots; (3) speaker points; and (4) point spread - only used to break tie. The team with the highest number of ballots in the bracket will be matched with the team with the lowest number of ballots in the bracket; the next highest with the next lowest, and so on until all teams are paired;
- if there is an odd number of teams in a bracket, the team at the bottom of that bracket will be matched with the top team from the next lower bracket;
- teams will not meet the same opponent twice;
- to the greatest extent possible, teams will alternate side presentation in subsequent rounds. Bracket integrity in power matching will supersede alternate side presentation. It is possible that your team may end up playing one side of the case three times.
Rule 5.7. Selection of Sides for Championship Round - State Tournament
In determining which team will represent which side in the championship round, the following procedure shall be used:
- The team with the number code that comes first numerically will be considered the "Designated Team."
- A designee of the state coordinator will toss the coin.
- If the coin comes up heads, the designated team shall represent the (Petitioner/Plaintiff/Prosecution) in the championship round. If the coin comes up tails, the designated team shall represent the defendant.
Rule 5.8. Effect of Bye/Default
During the tournament every attempt will be made in each region to avoid having an odd number of teams participate. This will take cooperation from coordinators and schools. Therefore, there may be juggling of teams from region to region in order to avoid having an odd number of teams.
Every attempt will be made to make the regions even but it is impossible for us to predict situations that arise when teams drop out. This is where team cooperation will be key. Schools that practice with more than two teams will be offered an opportunity to use a third team to make a region even to avoid a bye round situation.
Third teams will be allowed to fill out a region to avoid a bye situation, however, a school can only win at their home regional. If you wish to have your third team considered as an option to even out a regional, you will need to contact the state coordinator as soon as possible.
Bye rounds are to be avoided if at all possible. In the event that we are unable to even out the regions, forcing the regional to utilize a bye round situation ¾ a "bye" becomes necessary when an odd number of teams are present for the tournament ¾ the team drawing a bye will win that round by default. The bye team, in rounds two through four, will be given a win and the number of ballots and points equal to the average of its own ballots and points earned in its other rounds. [See power-matching explanation in the tournament coordinator section of handbook.]
F. Dispute Resolution
Rule 6.1. Reporting a Rules Violation/Inside the Bar
Disputes, which occur within the bar, must be filed immediately following the conclusion of that trial round. Disputes must be brought to the attention of the presiding judge at the conclusion of the trial.
If any team believes that a substantial rules violation has occurred, one of its student attorneys must indicate that the team intends to file a dispute. The presiding judge will provide the student attorney with a dispute form, on which the student will record in writing the nature of the dispute. The student may communicate only with the other five participating team members before lodging the notice of dispute or in preparing the form.
At no time in this process may team coaches communicate or consult with the student attorneys. Only student attorneys may invoke the dispute procedure.
Rule 6.2. Dispute Resolution Procedure/Inside the Bar
The presiding judge will review the written dispute and determine whether the dispute should be heard or denied. If the dispute is denied, the judge will record the reasons for this, announce her/his decision to the court,
retire to complete his/her score sheet (if applicable), and turn the dispute form in with the score sheets. If the judge feels the grounds for the dispute merit a hearing, the form will be shown to opposing counsel for
their written response. After the team has recorded its response and transmitted it to the judge, the judge will ask each team to designate a spokesperson. After the spokespersons have had time (not to exceed three
minutes) to prepare their arguments, the judge will conduct a hearing on the dispute, providing each team's spokesperson three minutes for a presentation. The judge may question the spokespersons. At no time in
this process may team sponsors or coaches communicate or consult with the student attorneys. After the hearing, the presiding judge will adjourn the court and retire to consider her/his ruling on the dispute.
The presiding judge may consult with the performance judges prior to ruling on the dispute. That decision will be recorded in writing on the dispute form with no further announcement.
Rule 6.3. Effect of Violation on Score
If the presiding judge determines that a substantial rules violation has occurred, the judge will inform the scoring judges of the dispute and direct the scoring judges to deduct the number of points determined by the presiding judge to be appropriate. The scoring judges will consider the dispute before reaching their final decisions. The dispute may or may not affect the final decision.
Rule 6.4. Reporting of Rules Violation/Outside the Bar
Disputes that occur outside the bar only during a trial round may be brought by teacher or attorney-coaches exclusively. Such disputes must be made promptly to a trial coordinator who will ask the complaining party to complete a dispute form.
The tournament coordinator will (a) notify all pertinent parties; (b) allow time for a response, if appropriate, and (c) rule on the dispute. The tournament coordinator may notify the judging panel of the affected courtroom of the ruling on the dispute or may assess an appropriate penalty.
The tournament coordinator may consult with any person(s) of his or her choosing in ruling on disputes.
Disputes that occur outside the bar only during a trial round may be brought by teacher or attorney-coaches exclusively. Such disputes must be made promptly to a trial coordinator who will ask the complaining party to complete a dispute form. The tournament coordinator will (a) notify all pertinent parties; (b) allow time for a response, if appropriate, and (c) rule on the dispute. The tournament coordinator may notify the judging panel of the affected courtroom of the ruling on the dispute or may assess an appropriate penalty.
The tournament coordinator may consult with any person(s) of his or her choosing in ruling on disputes.
Rule 6.5 Appeals Process - Regional Tournaments Only
The tournament coordinator in each region has the authority to handle disputes during the regional tournament. Every effort should be made to resolve disputes on the day of the tournament. However, any dispute that arises during the course of the day or at the end of the day that the tournament coordinator is not able to resolve may or may not be eligible for appeal.
Every attempt must be made to resolve any dispute during the course of the day or at the end of the day. The Appeals Panel will not overturn a decision previously made by the regional coordinator nor will it consider matters that were not first directed to the regional coordinator except in extraordinary circumstances.
Power-matching results are not subject to appeal. All scoring adjustments must be made prior to leaving the regional competition and are not subject to appeal. [i.e. errors in tabulating score sheets]
Appeals must be filed with the state coordinator, either by fax or email, by 10:00 a.m. on Monday morning following the regularly scheduled tournament. Materials faxed or emailed should not exceed three (3) pages in length. In addition, the appellant must provide a copy of the materials to each respondent attorney and teacher coach and the regional coordinator. Respondent(s) must reply to the State Coordinator no later than Tuesday at 10:00 a.m. and must provide copies of the response and any other relevant materials to each appellant attorney and teacher coach and the regional coordinator. [See form in coordinator section of the handbook.]
The Appeals Panel (consisting of the State Coordinator and/or three experienced mock trial volunteers) will rule on the appeal by 5:00 p.m. Tuesday and all parties, including the regional coordinator, will be notified.
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