Entering evidence can be challenging. However, in Mock Trial, evidence is crucial to adding more weight to your side of the case. The jury often needs some type of visual element to help them out. Therefore, evidence is a great way to help the jury visualize what’s going on in the case.
Approach Opposing Counsel and the Witness
- “Your honor, permission to approach opposing counsel and the witness with which has been pre-marked as Exhibit #”
- Ex: Your honor, permission to approach opposing counsel and the witness with which has been pre-marked as Exhibit 3
- Wait for Approval
- Show Opposing Counsel
- Ex: Let the record reflect that I am showing Opposing Counsel this document
- Give a copy to the witness
- Ask questions to lay foundation
- Direct Ex: “Are you familiar with this document?”
- Cross Ex: “This is the email document that you sent John, correct?”
- Ask the witness, “Is it a fair and accurate copy?”
Move Into Evidence
- Your honor, permission to move what has been premarked as Exhibit # into evidence as D# (Defense) or P# (Plaintiff/Prosecution)
- Ex: Your honor, permission to move what has been premarked as Exhibit 3 into evidence as D2
- Ex: Your honor, permission to move what has been premarked as Exhibit 2 into evidence as P4
- *The D# or P# is in sequential order when you move exhibits into evidence. For example, if you enter Exhibit 4 as D1, and the court accepts it, and you want to enter another exhibit later on, such as Exhibit 2 as D2, and Exhibit 6 as D3, etc.
- Wait for an Objection
- Wait for an Approval
- Publish to the Jury
- Ex: Your honor, permission to publish to the Jury?
- Give copies to the Jury
Use the Evidence
- Ask your questions on the document, obviously asking open-ended questions on Direct and leading questions on Cross.
- Remember to retrieve the document when you’re finished!
- Ex: Your honor, permission to retrieve the document