How to Win Mock Trial (FAQ)

1. How Does Mock Trial Work?

Mock Trial simulates courtroom proceedings by assigning teams of 4 to 12 students a fictional case or fact pattern—often 50 to 300 pages in length. Each team prepares both sides of the case (prosecution/plaintiff and defense) and performs in front of judges or scorers, who evaluate everything from argumentation to witness portrayal.

• The Case & Roles
  Students receive a detailed case packet outlining facts, affidavits, and evidence. Teams split into attorneys and witnesses, each with distinct responsibilities.
• Courtroom Presentations
  Each round includes opening statements, direct examinations, cross examinations, and closing arguments. Attorneys must manage time effectively to cover all required sections.
• Objections & Rules of Evidence
  If one side believes the other side’s evidence or questions violate the rules, they raise an objection. Knowing technical definitions and applying them with precision is crucial.
• Scoring & Judging
  Performances (by both attorneys and witnesses) are typically scored on a 10-point scale. The team with the most points overall wins.
• Strategy & Teamwork
  Develop a clear theme—a concise, memorable phrase summing up your side’s core argument. Shape a “case theory” that tells a compelling story: what happened and why it proves guilt or innocence. Since both attorneys and witnesses are scored, balanced teamwork and strong individual performances are key.

ModernBrain’s coaching philosophy emphasizes storytelling, legal strategy, and presentation skills. Watch ModernBrain-coached students win a college-level national championship: ModernBrain Mock Trial Champions.

2. How Can I Write a Direct Examination in Mock Trial?

A well-crafted direct examination involves open-ended questions designed to highlight the witness’s story and build credibility with the jury. Unlike cross-examination, direct typically comes from the attorney representing the same side as the witness—meaning they’re collaborating to establish a coherent narrative.

• Clear, Open-Ended Questions
  Encourage the witness to tell their story in detail. Avoid leading questions that suggest a “yes” or “no” answer.
• Logical Flow & Structure
  Anticipate what the jury (or judge) needs to understand first, next, and last. Use simple language that helps listeners follow the storyline.
• Witness Preparation
  The witness should fully know their statement and character background. Credibility stems from confident, consistent answers.
• Anticipate Objections & Pitfalls
  Prepare the witness to handle challenging topics without stumbling. Understand the rules of evidence so you can phrase questions that won’t be objected to.

For a real-world example, watch this ModernBrain Mock Trial Coach deliver a direct examination in a scuba diving negligence case: ModernBrain Direct Examination Example.

3. How Can I Write a Cross-Examination in Mock Trial?

A strong cross-examination strategically reinforces your case theory and challenges the credibility of the opposing side’s witnesses. Legal expert Irving Younger outlined the “10 Commandments of Cross,” which emphasize concise, leading questions and precise control over witness testimony.

• Succinct & Focused
  Keep questions short and simple. Avoid letting the witness elaborate on answers that harm your narrative.
• Leading Questions
  Phrase each query so the witness can answer only “yes” or “no.” Control the flow of information by structuring questions around the case facts.
• Prepared & Evidence-Based
  Base each question on a specific page or line from the case packet. Pinpoint inconsistencies or weaknesses in the witness’s statements. Pull out details that support your version of events. Undercut the opposing team’s arguments by highlighting contradictions.
• Credibility Attacks
  Expose biases, prior inconsistent statements, or implausible details. Undermine the witness’s reliability in the eyes of the judge and jury.

For an example of a strategic cross, watch this ModernBrain Mock Trial coach cross-examining a defendant in a showcase round (cross occurs in the second half of the video): Mock Trial Cross-Examination Example.

4. How Can I Write an Opening Statement in Mock Trial?

In Mock Trial, your opening statement sets the stage for the entire case by introducing your side’s theme (or “theory”) and highlighting the core facts and witnesses. It should be clear, concise, and easy for someone who hasn’t read the case to follow.

• Theme & Case Theory
  Present a memorable phrase or concept to anchor your side’s argument. Show how your case theory explains what really happened and why it matters.
• Burden of Proof
  State whether you/the prosecution/plaintiff must prove your case “beyond a reasonable doubt” or by a “preponderance of the evidence,” depending on criminal vs. civil trial.
• Key Facts & Witnesses
  Briefly outline the most important facts. Introduce the witnesses who will support these facts, without revealing too much detail.
• Clear & Streamlined Delivery
  Avoid excessive legal jargon or overloading the judge/jury with minor details. Keep it organized so the audience knows what to expect during the trial.
• Persuasive & Engaging
  Use confident tone and body language. Keep the structure logical—like telling a concise yet compelling story that piques the jury’s interest.

For a more thorough explanation, visit this in-depth guide: Mock Trial Opening Statement Guide

And check out these opening statements from an International Mock Trial League semifinal round (both delivered by ModernBrain students): Semifinal Round Opening Statements.

5. How Can I Write a Closing Argument in Mock Trial?

A closing argument in Mock Trial is your opportunity to tie together the evidence, witnesses, and legal framework you’ve presented (or challenged) throughout the trial. Typically 6–9 minutes in length, a strong closing should reinforce your side’s theme and address key points raised by your opponent.

• Restate the Theme & Case Theory
  Begin by reminding the judge/jury of your overarching narrative. Connect your side’s story directly to the evidence shown during the trial.
• Burden of Proof
  Clearly outline whether the prosecution/plaintiff has met their legal burden (e.g., beyond a reasonable doubt, preponderance of evidence). Argue why they have—or haven’t—satisfied this standard.
• Summarize Critical Evidence
  Highlight your strongest exhibits and witness testimonies. Undermine or dismiss the credibility of opposing evidence where possible.
• Respond to Trial Developments
  Address any surprising turns or unique arguments made by the opposing side. Adapt your final message to what actually happened in court, rather than relying on a rigid script.
• Persuasive & Engaging Delivery
  Use a confident, conversational tone. Maintain clear organization, leading the judge/jury through your final takeaways.

For an in-depth breakdown, see this closing argument guide: Mock Trial Closing Argument Advice

Watch these closings from an international league final round of Mock Trial (both delivered by ModernBrain students): Mock Trial Final Round Closings.

6. What Are the Different Types of Mock Trial Witnesses?

All witnesses in Mock Trial are scored—often out of 10 points for direct examination and 10 points for cross-examination. Judges look for character consistency, responsiveness, and believability under pressure. While every witness must maintain a strong performance, there are generally four main categories:

• Professional/Expert Witnesses: Qualified under Rule 702 (e.g., forensics experts, psychologists, detectives). Must simplify technical terms and present complex data in an understandable way. Often use demonstratives or analogies to clarify their expert opinions.
• Character Witnesses: Known for distinct, sometimes comedic or theatrical delivery. May use accents, mannerisms, or vivid storytelling to stand out. Goal is to bring color and personality to the case while staying believable.
• Party Representatives: Can be a defendant or a key individual directly involved in the case (a plaintiff). Typically allowed to observe other witness testimonies under Rule 615. Must show believable reactions and adapt to details that emerge during trial.
• Sympathetic Witnesses: Serve as emotional anchors, often with dramatic backgrounds or personal involvement. Aim to evoke empathy through credible, heartfelt storytelling. May display heightened emotions (crying, anger, etc.) at a pivotal moment for greater impact.

For examples of these witness types in competition:

• Final Round (Expert & Party Representatives): Gauntlet College Witness Championship (Final)

• Semifinal Round (Sympathetic & Character Witnesses): Gauntlet College Witness Championship (Semifinal)

These witness roles were portrayed by or coached by ModernBrain coaches, showcasing the diverse styles that help teams succeed in Mock Trial competitions. Here's MORE advice on being a great mock trial witness.

7. What Are the Mock Trial Burdens of Proof?

In Mock Trial, the burden of proof refers to the legal standard the moving party must meet to prevail in a case. Although Mock Trial outcomes are decided by point totals rather than actual verdicts, understanding these legal standards is essential for accurate and persuasive presentations.

In criminal trials, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This means they present so convincingly that there is no reasonable alternative explanation for the facts. If such a reasonable alternative exists, the prosecution has not met its burden.

Legally, the defense does not have to call witnesses or provide evidence, as the obligation lies solely with the prosecution to establish guilt. In Mock Trial, however, the defense still needs to present a cohesive case to earn points, even though it does not bear the burden of proof. When discussing this standard, teams must avoid common errors such as saying “beyond any doubt” or “beyond a shadow of a doubt,” which are incorrect. The precise term to use is “beyond a reasonable doubt.”

In civil trials, the plaintiff must show that its claim is more likely than not—just over fifty percent—true. This standard is lower than “beyond a reasonable doubt.” Although the defense in a real civil case has no obligation to prove an alternative explanation, it can elect to raise an affirmative defense to shift some or all of the responsibility onto the plaintiff. A typical example is comparative fault, in which the defense argues that the plaintiff shares greater responsibility for the harm they suffered.

Special instructions in Mock Trial materials may clarify whether affirmative defenses are permissible and how they should be handled. Teams that misstate the burden of proof in civil cases by calling it “beyond a reasonable doubt” instead of “more likely than not” risk losing credibility and valuable points.

8. What's Empire Mock Trial?

Empire Mock Trial is a major international Mock Trial competition founded in 2007. It hosts in-person tournaments in September and November, as well as online contests in October and May/June, drawing teams from around the globe. ModernBrain regularly participates in Empire events, with students having made it to the finals and earned top attorney and witness awards. The organization has also achieved team awards every single time it has attended, reflecting a consistent level of high performance.

A standout feature of Empire Mock Trial is its “guest witness” system, where each team exchanges one witness with a different team. This format requires both sides to improvise on direct examination, testing their teamwork, collaboration, and quick thinking.

Another unique element is the Pretrial Oral Argument (POA), during which teams argue whether key pieces of evidence should be admitted or excluded before the trial formally begins. This adds an extra layer of complexity and legal strategy to the competition.

For an example of ModernBrain in action at Empire Mock Trial, watch this closely contested round featuring a split decision against another top national team:
ModernBrain at Empire Mock Trial.

9. What's the International Mock Trial League?

Founded in 2022, the International Mock Trial League (IMT) is one of the fastest-growing virtual mock trial organizations in the world. Open to students in grades 8–12, it attracts teams from across the United States—both East and West Coasts—as well as Canada, China, Hong Kong, Costa Rica, South Korea, and beyond. IMT features student-written cases judged by a panel of lawyers and college-level mock trial competitors, offering multiple contests each year at zero cost to participating teams (as long as they can provide a qualified judge).

Unlike some tournaments, IMT keeps its rounds relatively short, limiting each side to two attorneys and two witnesses. There is no Pretrial Oral Argument or guest witness element, making the format more streamlined yet still rigorously competitive.

ModernBrain students have thrived in this environment, placing at every IMT tournament since its inception and frequently dominating the podium—sometimes claiming first through third place.

For free case materials, recordings of semifinal and final rounds (including ModernBrain performances), and other resources, visit the official IMT website: International Mock Trial League Resources.

10. What's Teach Democracy / The Constitutional Rights Foundation (CRF) Mock Trial?

Teach Democracy (also referred to as the Constitutional Rights Foundation or CRF) oversees California’s primary Mock Trial league, open exclusively to schools. Winners from local county competitions advance to the state championship.

Compared to other mock trial circuits, CRF Mock Trial has shorter directs, crosses, openings, and closings, emphasizing large team participation and broad educational exposure over more theatrical elements. Teams are also subject to stricter rules about using demonstratives, staging witness accents or impressions, and wearing costumes.

ModernBrain does not directly send students to CRF tournaments but does provide support for those who participate. Both middle school and high school levels are offered, allowing a wide range of students to gain foundational courtroom skills. To learn more about program details, including competition rules and format, visit the official site: Teach Democracy / CRF Mock Trial Program.

11. What's Peer Potential Mock Trial?

12. What's the MockOn Tournament of Champions?

Founded in 2020 by top college-level mock trial coaches and competitors, the MockOn Tournament of Champions is a premier virtual event that invites leading mock trial programs from around the globe. It employs the same streamlined format used by the International Mock Trial League, with teams fielding two attorneys and two witnesses on each side of the case.

Despite only launching in recent years, MockOn has quickly built a reputation for attracting high-caliber teams that thrive under competitive pressures. ModernBrain has consistently placed among the top five teams and secured the highest-ranked attorney honors every year it has participated. The tournament’s final rounds bring together the best of the best, often judged by experienced legal professionals or noteworthy “celebrity” figures in the mock trial community.

For a closer look at the action, watch the 2023 Final Round, where a ModernBrain coach served as a celebrity judge: MockOn 2023 Final Round.

13. What's Gladiator Mock Trial?

Gladiator Mock Trial is widely regarded as the most challenging and prestigious mock trial tournament in the world. Unlike other competitions that rely on cohesive teams, Gladiator invites individual contestants—selected through an application process—and assembles them into ad hoc teams on-site. Competitors must be ready to serve as both prosecution and defense attorneys, as well as witnesses for both sides. Each participant has only a few weeks to study the assigned case, and then must adapt quickly when additional twists are introduced mid-tournament.

During the competition, contestants perform direct examinations with partners they may have just met, testing their spontaneity, teamwork, and command of courtroom procedure. Applications usually open in February, with the competition taking place in the summer.

In 2024, a ModernBrain mentee made history by becoming the first international student to reach the Gladiator Final (top 3 out of 60). Watch the highlight of this achievement here: ModernBrain Mentee’s Gladiator Final.