So you opted to be a witness in the mock trial rather than a lawyer? Uh-oh. Lawyers only have to ask a bunch of questions. Thats easy. As a witness, you need to have all the answers. Here are a few tips to survive the ritual of a senior year mock trial without being too traumatized.
1) Read your witness statement over and over. You will find that you don’t really absorb it until you practice your direct-examination and cross-examination with your classmates. After you practice a few times, you will find that you absorb it better when you re-read it because you know what will be asked.
2) Know how you spell your name. In real life, judges often ask a witness to spell his or her name. Learn how to spell your mock trial name so you can provide the spelling without choking in front of the class.
3) Answer questions verbally. Court proceedings are audio-recorded. A nod of the head doesn’t cut it.
4) Try to make eye contact wit the jurors when you testify. Making eye contact with the judge is not important except when you are being sworn in.
5) Try out the witness chair before the trial begins. Sitting in the witness seat can be daunting. When you first sit down to testify, the whole “Law-and-Order” ambience can be a little overwhelming. Test drive the seat, the chair, the cushion, and the positioning of the mic before you testify, so when you get sworn in for reals you can focus on the task at hand.
6) Remind your lawyer to protect you before the trial. If you are being badgered by a lawyer, you can’t object. Remind your lawyer classmate, that after they do the direct exam, that they need to be prepared to object at questions asked of you, rather than go on a mental vacation. Facing hard questions is part of being a witness, but you don’t want to be hung out to dry either.
7) Dress for the part. If you are an expert witness, or a doctor etc, it is better to dress up a little to fit the part. Ask your coach if you can borrow a tie. He may even show you how to tie it. At a minimum, no shorts or tank tops for mock trial court or real court.
8 ) Remember what “sustained” and “overruled” mean. When a lawyer objects, don’t try to answer the question until the judge rules. “Overruled” means you can answer. If the judge says “sustained”, just wait for the next question.
Any questions? Leave questions below in the comment section!
Mock trial blog 
Thank you so much! this really helped me! I am doing my first mock trial this week and I am SOOO nervous! this helped me calm my nerves! Thanks again!
Thanks Emma. Thanks for visiting my blog!
Thank You for these tips, they really helped to ease my witnesses minds
This a tremendous resource!!! You have such great tips! I emailed the witnesses on my team a link to your blog because it can make them so much better! Thanks again!
OMG Thanks soo much!!!! This is SOOO helpful!!!!!!!!!! :DDD
I am a recent graduate with a Master in Anthropology. I would like to try an utilize my degree as a jury consultant. May I suggest “Jury Consultants” as your next topic? I am very aware that they are either loved or despised in the legal field. And I also understand if this is not the right forum. But I would find it so helpful to know when and what kind of lawyers typically use jury consultants. What are the strengths and weaknesses, is your opinion, of jury consultants? Are juror consultants only used for mock trials? Etc.
Is there any suggestions as to how I could get my “team” to associate with me before the mock trial? We have a mock trial for two cases in class in two weeks, and nobody is giving me the time of day with what I’m supposed to say or do. I’m totally lost! The teacher told me to talk to them, but they are all very snobby and refuse to help me. The only thing I DO know is that for the assault case, I’m playing the witness for the prosecution in an assault and battery at a bar. The other I’m playing the defense attorney in a car/bicycle collision accident. I only found this out by REPEATEDLY asking the teacher what my role was. You’re my only hope beside skipping class that day. I feel nauseous just thinking about the trial.
Gosh, sorry to hear your having problems, Roegenia. I do think this is a common problem in high school mock trials. I guess I would email them and ask for their guidance. That way you have it documented that you tried to get them to help you. Here is one thing that you can do to prep that you don’t need their help on: know your witness statement and the fact background inside and out. Maybe have your parent or a friend quiz you on various aspects of statement, that way your recollection is tested. I would guess that your parents or friends watch lawyer shows on tv, and they could probably come up with “lawyerly” questions that might be asked of you. This rehearsal might be helpful. Keep in mind that in witnesses in real life sometimes have the same problems as you, i.e. they receive subpoenas and are told they appear, but the lawyer who subpoenaed them don’t prep them on what they can expect. Good luck. You will survive!
I have a question that’s really bugging me and I can’t find it in the Rules and Regulations. I’m a witness on my team (we’re all very communicative and prepared, no worries there), but there is a plan forming among us that we want to carry out. I’m aware that I am not allowed to quote anyone directly unless it’s proven allowed through “state-of-mind” and etc. However, I’d like to know that if my colleague testifies before me (another witness (we can choose the order our witnesses testify)) and then, in my Direct, if I can refer, or maybe even quote what he testified in his Direct so as to further the point I want to send across directly at the judge. Please respond as soon as you can, your blogs are really helpful and I’m playing a team in 4 days. Thank You in advance!
That actually isn’t allowed. Typically witnesses in a real trial wouldn’t really even know what other witnesses have said before them. This is so each witness testifies independently and according to his or her recollection. Good question. Good luck, Josh!
Thank you so much for this! I’ve only ever been a counsel so this was really helpful!