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12 Cards in this Set

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Rule 3
Witness 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 4, outside the scope of the problem.
Rule 4
Unfair Extrapolation
Unfair extrapolations are best attacked through impeachment and closing
arguments and are to be dealt with in the course of the trial. A fair extrapolation is
one that is neutral.
Attorneys shall not ask questions calling for information outside the scope of the
case materials or requesting an unfair extrapolation.
If a witness is asked information not contained in the witness’ statement, the
answer must be consistent with the statement and may not materially affect the
witness’ testimony or any substantive issue of the case.
Attorneys for the opposing team may refer to Rule 4 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; or
d) Ruling is taken under advisement.
The decision of the presiding judge regarding extrapolations or evidentiary matters
is final.
When an attorney objects to an extrapolation, the judge will rule in open court to
clarify the course of further proceedings.
Rule 6
Voir Dire
Voir dire examination of a witness is not permitted.
Rule 14
Time Extensions and Scoring
The presiding judge has sole discretion to grant time extensions. If time has expired
and an attorney continues without permission from the Court, the scoring judges may
determine individually whether or not to discount points in a category because of overruns
in time.
Rule 17
Bench Conferences
Bench conferences may be granted at the discretion of the presiding judge, but
should be made from counsel table in the educational interest of handling all matters
in open court.
Rule 19
Supplemental Material/Illustrative Aids/Individual Attributes
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. Pointers, markers,
etc. are not “illustrative aids.” No enlargements of the case materials will be
permitted, unless specifically permitted in the case material stipulations; however,
copies may be made for publication to the jury. Teams may NOT refer to the
individual attributes of its team members (i.e. height, weight, hair color, gender, race)
as a basis for impeachment, credibility, “reasonable doubt” or the innocence or guilt of
the Defendant.
The only documents which the teams may present to the presiding judge or
scoring panel are the individual exhibits as they are introduced into evidence and the
team roster forms. Exhibit notebooks are not to be provided to the presiding judge or
scoring panel.
Rule B 39
Objection During Opening Statement/Closing Argument
No objections may be raised during opening statements or during closing
arguments.
If a team believes an objection would have been necessary during the opposing
team’s closing, a student may, following the closing arguments, raise his/her hand to
be recognized by the judge and may say, “If I had been permitted to object during
closing arguments, I would have objected to the opposing team’s statement that .”
The presiding judge will not rule on this “objection”. Presiding and scoring judges will
weigh the “objection” individually. No rebuttal by opposing team will be heard.
Rule C 38
Argumentative Questions
An attorney shall not ask argumentative questions. However, the Court may, in its
discretion, allow limited use of argumentative questions on cross-examination.
Rule C 39
Lack of Proper Predicate/Foundation
Attorneys shall lay a proper foundation prior to moving the admission of evidence.
After motion has been made, the exhibits may still be objected to on other grounds.
Rule 40
Non-Responsive Witness
An attorney may object to a witness providing an on-responsive answer.
Rule 42
Use of Notes
Attorneys may use notes in presenting their cases. Witnesses are not permitted to
use notes while testifying during the trial. Attorneys may consult with each other at
counsel table verbally or through the use of notes.
Rule 44
Scope of Closing Arguments
Closing Arguments must be based on the actual evidence and testimony presented
during the trial.