Court Procedure: Bailiff Duties

The Judge is responsible for facilitating the trial. However, they are assisted in calling court to order
and the swearing in of witnesses by a court officer. Please select one person from the class (not a
lawyer) to serve as the court officer. They will read the following statements to open court and swear in
witnesses.

Opening of the Court by the Court Officer

“Hear ye, Hear ye, the court is now open and in session. The honorable Judge
_______________________ presiding. All persons having business before the court come to order.
This is the case of _______________________________________ Would you all rise, please? (Judge
enters) Are all persons connected with this case present and prepared? Are the attorneys for
prosecution and your witnesses present? Are the attorneys for the defense and your witnesses present?
Let the record show that all parties in this case are present and prepared.”

Opening of the Court by the Court Officer for the Second Day of Trial

“Hear ye, Hear ye, the court is now open and in session. The honorable Judge
_______________________ will be presiding. All persons having business before the court come to
order. This is the second day of the case of ____________________________________ Would you
all rise, please? (Judge enters) Are all persons connected with this case present and prepared? Are the
attorneys for prosecution and your witnesses present? Are the attorneys for the defense and your
witnesses present? Let the record show that all parties in this case are present and prepared.”

Swearing in of the Witnesses

“Do you swear to tell the truth, the whole truth and nothing but the truth in this case, under penalty of
perjury so help you Bob?”
 Rules of Evidence and Procedure

In American trials, elaborate rules are used to regulate the admission of proof (i.e., oral or physical
evidence). These rules are designed to ensure that both sides receive a fair hearing and to exclude any
evidence deemed irrelevant, incompetent, untrustworthy or unduly prejudicial. If a rule of evidence is
violated, an attorney may raise an objection to the judge. The judge then decides whether the rule has
been violated and whether the evidence must be excluded from the record of the trial. In the absence of
a properly made objection, however, the judge probably will allow the evidence. The burden is on the
attorneys to know the rules and to be able to use them to protect their client and to limit the actions of
opposing counsel and their witnesses.

Formal rules of evidence are quite complicated and differ depending on the court where the trial occurs.
For purposes of this Mock Trial Program, the rules of evidence have been modified and simplified. Not
all judges will interpret the rules of evidence or procedure in the same way, and you must be prepared to
point out the specific rules (quoting it, if necessary) and to argue persuasively for the interpretation and
application of the rule you think appropriate. No matter which way the judge rules, accept his or her
ruling with grace and courtesy.

Objections
Throughout the trial, the judge may be asked to decide whether an objection that has been raised by the
lawyers during witness testimony should be sustained or overruled. The following are some situations
where objections can be raised:

1. Leading the witness: Asking a question in such a way as to give ideas or puts words in the
mouth of the witness.

Example of a Leading Question: "Sergeant Brown, isn't it true that the defendant was dead
drunk?"

Objection: "Objection. Counsel is leading the witness."

2. Badgering the witness: Making an unfair attempt to coerce or abuse the witness during the
questioning process.

Example: “President Jackson, are you or are you not a disgrace to this country?”
Objection: “Objection. Counsel is badgering the witness.”

3. Relevance: Attempting to offer testimony or information that is unrelated to the trial.

Example: The defense asks a party on cross-examination in a divorce case, "Have you ever been in
a car wreck?" (This question is permitted only if such conduct is relevant to the case.)

Objections: "I object Your Honor. This testimony is irrelevant to the facts of the case."
4. Hearsay: Giving second-hand information, rumor or gossip as testimony
Example: "Some of the other tenants told me that Mr. Jones often failed to keep his
apartments in good repair."

Objection: “Counsel's question is seeking a hearsay response."

Objection: The witness' answer is based on hearsay. I ask that the statement be
stricken from the record."

5. Narration: While the purpose of direct examination is to get the witness to tell a story, the
questions must ask for specific information. The questions must not be so broad that the witness
is allowed to wander or narrate a story. Narrative questions are objectionable.

Example of a Narrative Question: "Will you please tell me everything you know about the
accident?"

Objection: "Objection. Question asks for a narration."

Narrative Answers: The witness' answer may not go beyond the facts about which the question
was asked. Such answers are subject to objection on the grounds of narration.

Objection: "Objection. Witness is being narrative."

Note on “Court Etiquette:”

During witness testimony, lawyers should be listening to direct and cross examination questions and be
prepared to object to the opposing side. STAND whenever you make an objection. To all of these
objections, the judge will decide whether to “sustain” (agree) or “overrule” it. If it is sustained, the
lawyer asking questions will need to skip or rephrase the problematic question. If the objection is
overruled, the questioning lawyer may continue with their question.