ARIZONA HIGH SCHOOL MOCK TRIAL PROGRAM

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1 ARIZONA HIGH SCHOOL MOCK TRIAL PROGRAM Tournament Rules (Adopted February 2015) The Regional and State Mock Trial Tournaments shall be governed by the rules set forth below: I. Team Composition 1. Each team shall be composed of seven to nine qualified high school students, at least one teacher-coach, and at least one attorney-coach. The eligibility of a team to participate in a Regional or State Mock Trial Tournament is within the general discretion of the particular Tournament Coordinator. Any appeal concerning eligibility shall be to the Legal Counsel Coordinator and/or his/her designee(s) pursuant to Section VII. 2. Qualified High School Students. To compete on a Mock Trial team, a student must meet the following criteria: a.except as provided in paragraph b, all students on a team must be officially enrolled at the same public or private high school. A student must be an officially enrolled student at the public or private high school which he/she seeks to represent in the Mock Trial program. (i) Dual enrolled students students officially enrolled at more than one school may only compete for the school at which their official permanent records are located. (ii) Officially enrolled students a student is not considered officially enrolled at a school unless he/she is taking a course at the school for which they will receive a grade, other than a pass/fail, and which is entirely unrelated to Mock Trial or their the student s participation in the Mock Trial program. A home-schooled student will be considered an officially enrolled student at any high school within the school district in which he/she resides for home school. b.all students on a team must be officially enrolled at the same high school. Home-schooled students may compete on public school teams as may be permitted by the policies of the local school district. For purposes of competing on a public school team, a home-schooled student will be considered an officially enrolled student at any high school within the school district in which he/she resides for home school. Home-schooled students also may form teams with other homeschooled students. c. A student must be in grades 9 to 12. No junior high school students are eligible. d. Students engaged in college courses or an internship will be considered officially enrolled high school students provided that the school at which their official records are located still consider them officially enrolled at the school and they are not considered to have graduated or withdrawn from the school. e. Students must be officially enrolled at the time the team is registered for the Mock Trial program. The teacher-coach is thereafter responsible for immediately notifying the State Coordinator and the Legal Counsel Coordinator of any change in a student s status. Any student not officially enrolled on the day of a Tournament will not be allowed to participate in any capacity. f. No regional or consolidated teams will be allowed. If a high school is composed of several campuses or affiliated schools, all students on a team must attend classes on the same campus. In the event a student attends classes on more than one campus, each campus will be considered a different school and the limitations set forth for dual enrolled students will be applicable. 3. If there are more than six seven or eight members on a mock trial team, the other members one team member may be designated solely as a timekeeper. If there are nine members on a team, one team member shall be designated solely as alternates and/or a timekeepers. The alternates A team member who is not designated solely as a timekeeper may participate in any number of rounds as an attorney or a witness, but MUST participate in at least one round as an attorney or a witness. Any team member who participates in more than one round other than as a timekeeper must be a witness at least once and an attorney at least once; provided,

2 Tournament Rules, page 2 however, that this limitation does not apply to a Finals Round. If alternates participate in more than one round, they must be a witness in one round and an attorney in the other (in either order). In the event that any team member an alternate is listed on a team s registration roster, but will not participate in appear at the tournament, the teacher-coach must notify the State Coordinator and appropriate tournament coordinator at the time of check-in at the tournament. in advance and provide an explanation for the absence. A team s timekeeper may participate either as (i) both an alternate and timekeeper, or (ii) a timekeeper only; provided that a team is limited to a maximum of two alternates (including any timekeeper who also serves as an alternate). If the timekeeper also is an alternate, then the team must have another student designated as a timekeeper for the rounds in which the primary timekeeper is participating as an attorney or witness. 4. Team rosters for the regional tournament must be received by the State Coordinator by the date announced on the calendar on the Mock Trial website (the Final Roster Date ). Teachercoaches may make changes to the rosters online at any time up to the Final Roster Date. Any roster changes after the Final Roster Date to be made thereafter must be communicated promptly to approved by the Regional Coordinator and a change will only be allowed if a reasonable cause exists for the change. Penalties for late rosters will be assessed at the discretion of the appropriate coordinator. Roster changes made after the Final Roster Date may not be reflected in the tournament program. The team s roster will become final upon check-in at the regional tournament. 5. For every round, each team is to consist of three attorneys and three witnesses, as designated by the mock trial script. The gender of the student does not have to match the gender in the case, although the student must play the part in accordance to the script. 6.Teacher-coach. The teacher-coach of a team must be a faculty member at the same public or private high school at which the students are officially enrolled. The teacher is deemed to certify that all students meet the criteria as an officially enrolled student when the team is registered. The teacher-coach must notify the State Coordinator and the Legal Counsel Coordinator of any change in a student s status. A teacher-coach who fails to certify the eligibility of the students on the team or to notify the appropriate entities of any change in a student s status may be suspended from the Mock Trial program for one year. A parent of a home-schooled student may serve as the teacher-coach of a team comprised of home-schooled students. A parent who serves in this capacity has all of the responsibilities and obligations of a teacher-coach under these Rules. 7. For purposes of the entire Mock Trial Program, the team will include all student members, student timekeepers, attorney-coaches, and teacher-coaches. Sanctions (against an individual or the team as a whole) may be imposed when the actions of any team member are deemed improper by the appropriate tournament coordinator. II. Trial Presentations 1. One team member must be designated to present the judge in each trial with a list of team member names and the roles they will portray. This Student Roster Form is to be prepared prior to the judge entering the courtroom. 2. Witnesses and attorneys must alternate so that each student will serve in the capacity of a witness and an attorney at least once during the tournament (except for the students designated as alternates who are participate participating in only one round and students who are designated solely as a timekeeper). The penalty for the violation of this rule is within the discretion of the Regional Coordinator/Legal Counsel Coordinator. If it is determined that the violation was intentional, the violating team will forfeit the last round in which they competed 3. The Statement of Facts and any additional stipulations may not be disputed at the trial.

3 Tournament Rules, page 3 4. Each witness is bound by the facts contained in his/her affidavit or witness statement and any exhibit authored or produced by them which is relevant to his/her testimony. a. If there is an inconsistency between the witness statement or affidavit and the Statement of Facts or Stipulated Facts, the witness must still rely and be bound by the information contained in his/her affidavit or witness statement. b. A witness is not bound by facts in other witnesses' affidavits or statement. c. If a witness testifies contrary to a fact in his/her witness statement, which is treated as a sworn affidavit, the opposition may impeach the testimony of the witness. Such impeachment may show the contradiction between the testimony and the witness statement or through an admission that the testimony is not included in the witness statement. d. Attorneys should generally not ask questions that call for material information not contained in the witness statement or affidavit. (i) if, on direct examination, an attorney asks a question which calls for material and substantive information not contained in the witness statement, the question is subject to objection as outside the scope of the problem. (ii) if, on cross-examination, an attorney chooses to ask a question, the answer to which is not included in the witness' witness statement or affidavit, the witness is free to "create" an answer as long as it is not directly contrary to the witness statement or affidavit. e. The judge's decision concerning whether a question or answer is within the problem and/or to assess a penalty is final. 5. Witnesses are not permitted to use notes in testifying during the trial. 6. Each of the three attorneys on a team entered in the tournament must engage in the direct examination of one witness and the cross-examination of another. 7. Attorneys may use notes in presenting their cases, opening arguments, direct examination of witness, etc. 8. An attorney presenting the opening statement for a team may not make the closing argument in the case. 9. Students may read other materials in preparation for mock trial. However, they may only cite the materials given, and they may only introduce into evidence those exhibits that are provided in the case materials. Enlargements of exhibits are not permitted. Absolutely no props or costumes are permitted unless authorized specifically in the case materials. Costuming is defined as hairstyles, clothing, accessories, and make-up which are case-specific. This rule does not prohibit students from writing on a whiteboard or notepad during their presentations, and such a whiteboard or notepad may be placed on an easel (or similar object) for display purposes. 10. Each of a team's witnesses must be called in the course of a trial. If a team believes that strategically it would be best not to call a witness, a bench conference should be sought and this disclosure made to the judge for scoring purposes. However, the witnesses should then assume the stand so that all participants share in the experience of the mock trial. 11. Each team is restricted to calling its own witnesses, and may not call the opposing team's witnesses as part of its case. 12. Redirect examination is allowed; recross examination is allowed at the judge's discretion. Redirect examination is limited to issues raised in the cross-examination; recross examination is limited to matters raised by redirect examination. 13. Voir dire of witnesses is not permitted.

4 Tournament Rules, page The attorney examining a particular witness must make the objections to that witness's crossexamination, and the attorney who will cross-examine a witness must make the objection to the witness's direct examination. 15. No student team member may leave the courtroom during a trial. Exceptions for emergencies may be granted by the judge. A team may not invoke the rules of exclusion of witnesses for purposes of the tournament. 16. A representative of each team shall introduce and identify each member of the team and the role they will play before each trial. 17. The trial proceedings are governed by the Simplified Rules of Evidence found in the packet of materials sent to each school. Other, more complex rules may not be raised in the trial and if done, will subject the team to a penalty. 18. Usual rules of courtroom decorum apply to all participants. Appropriate dress is required. 19. During the actual trial, Attorney-Coaches, Teacher-Coaches, attorney team members, and all other observers may not talk to, signal or otherwise communicate with or in any way coach witnesses on the stand or witnesses waiting to be called to the stand. The only communications that may go on between team members is restricted to attorney team members, who may communicate among themselves solely and assist each other in presentation of the case. Improper communications may lead to loss of points and/or disqualification. If any team member observes a violation of the rules, he/she may call a bench conference with the judge. 20. Depending upon the problem chosen for mock trial program, a business exception rule may or may not be necessary. Rules regarding the business exception are located in the Simplified Rules of Evidence. 21. Directed verdict or dismissal motions are not allowed. 22. Teams are encouraged to make objections; however, just as proper objections can lead to positive points, improper or excessive objections can lead to penalty points. In this regard, see Rule III If a team desires to videotape a round of the tournament, it must first obtain the consent of the opposing team. Unless consent is given, no videotaping can be accomplished. The only exception is the final championship round of the state tournament, which may be filmed at the discretion of the Legal Counsel coordinator. 24. Rebuttal evidence and rebuttal closing arguments are not allowed. 25. Motions in limine, motions to suppress and other pretrial motions on the admissibility of evidence are not allowed. 26. Teams must present the side of the case assigned on the posting for each round unless given permission by the regional or state coordinator PRIOR to the start of the trial. If teams present the non assigned side without prior approval the teams will each receive a loss for that round. 27. The swearing of witnesses will occur in one of two ways: (i) the presiding judge will indicate that all witnesses are assumed to be sworn; or (ii) the presiding judge will administer the following oath to witnesses before questioning begins: Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial tournament? No other oath shall be administered to witnesses in the mock trial tournament.

5 Tournament Rules, page 5 III. Time Limits 1. Each team will have 35 minutes to present their case. The total trial will be 70 minutes. Each team is free to determine how to apportion their use of the time with one exception. Closing Argument is limited to five (5) minutes. Penalty point(s) will be mandatory for closing arguments in excess of five minutes. Penalty point(s) are to be assessed according to the following formula: TIME VIOLATION: less than one minute one two minutes two three minutes three four minutes four five minutes POINT DEDUCTION: one point two points three points four points five points A total of 1 hour and 10 minutes or 35 minutes per side is allotted for the entire trial. All team members should be keenly aware of the time and keep their presentations within the time allotted. All teams and team members may be guided by the following general time guidelines. The following are simply suggested guidelines, with the exception of the time limit on closing argument which is MANDATORY. - Opening Statements Plaintiff Defendant 2 minutes 2 minutes - Plaintiff's Direct Examination 15 minutes - Defendant's Cross Examination 13 minutes - Defendant's Direct Examination 15 minutes - Plaintiff's Cross Examination 13 minutes - Closing Statements Plaintiff Defendant 5 minutes 5 minutes 2. Time limits are mandatory and will be enforced. Time for objections and administering the oath will not be counted as part of the allotted time. Time does not stop for introduction of exhibits. Each team member is expected to adhere to any requests made by the judge concerning time. 3. Although the clock stops for objections, the judge has discretion to assess penalty points against a team that makes excessive or improper objections. To be excessive or improper, the objection need not be frivolous or without merit. Penalty points may be assessed for objections that, in the judge s discretion, serve no strategic purpose or are merely to harass or intimidate an opposing counsel. 4. Each team is responsible for providing one student as an official timekeeper equipped with two stopwatches. In trial, each team is to use a set of Time Remaining cards with the following designations to signal time: 30:00, 25:00, 20:00, 15:00, 10:00, 9:00, 8:00, 7:00, 6:00, 5:00, 4:00, 3:00, 2:00, 1:00, 0:40, 0:20, and STOP. Modification of intervals is not permitted. 5. A team must immediately stop its presentation when its time expires and the STOP card is displayed. A team may continue with its presentation after the STOP card is

6 Tournament Rules, page 6 displayed only with permission granted by the presiding judge. The presiding judge shall grant such permission only in extenuating circumstances. If the presiding judge grants permission to continue, that decision is not binding on the scoring judges in deciding whether to assess penalty points or make other scoring adjustments for exceeding the allotted time. 6. Each timekeeper will keep time for both teams. At the end of each task during the trial presentation (i.e. at the end of each opening, at the end each witness examination, at the end of each cross examination and at the end of each closing argument) if there is more than a 15 second discrepancy between the teams timekeepers, the timekeepers must notify the presiding judge of the discrepancy. The presiding judge will then rule on the discrepancy, the timekeepers will synchronize their stopwatches accordingly and the trial will continue. No time disputes will be entertained after the trial concludes. The decisions of the presiding judge regarding the resolution of time disputes are final. 7. The Time Remaining cards and timekeeper instruction materials will be posted on the Mock Trial website for download by the teams. Each team is responsible for (i) downloading and reviewing the materials, and (ii) either posting a question on the Mock Trial website or contacting the appropriate tournament coordinator before the tournament, if the team does not understand the materials. IV. Dispute Resolution 1. If, during the course of a trial, a team has serious reason to believe that a significant rules violation has occurred, and that the violation involves an act that may be corrected during the course of the trial, a member of that team shall call a bench conference and communicate the complaint to the trial judge. To the extent possible, the trial judge will attempt to resolve the dispute during the course of the trial without disrupting the trial, and may consider the validity or invalidity of the complaint in his or her determination of which team gave the better performance during a trial. Also, the judge has the discretion to subtract points from the offending team's total for each such violation. 2. After the trial has been completed, if any team has serious reason to believe that a significant rules violation has occurred, the Teacher-Coach or Attorney-Coach shall communicate the complaint to the Tournament Coordinators immediately after the trial is over and after the judges have recessed, but before the beginning of the next round. The trial judge will proceed to deliberate and to reach a final decision. 3. In the circumstances recited in paragraph "2", the Tournament Coordinators will notify the other team of the complaint, and each team will then designate one team member to present its case to the Tournament Coordinators. Each team member will have three minutes for the presentation to the coordinators. 4. If the Tournament Coordinators determine that a possible rules violation exists or that there exists a legitimate dispute over the facts which would constitute a possible rules violation, the trial judge will be informed of the dispute and be given a summary of each team's argument by the coordinators. The trial judge will be allowed to consider the dispute before announcing his or her decision on the merits of the case, and before marking his or her ballot as to which team gave the better performance. This dispute may or may not affect the final decision, but the matter will be left to the discretion of the trial judge. The trial judge's decision will be final. 5. In the event that a trial judge is unavailable to resolve a dispute, the dispute shall be resolved and any scoring adjustments made by the Tournament Coordinators. V. Regional Tournaments and State Tournament

7 Tournament Rules, page 7 1. For purposes of this program, the state of Arizona will be divided into Regions. The goal is to have each Region consist of no less than four (4) different schools, although there will be no mandatory minimum number of teams permitted in a Region. The goal is to have no more than 20 teams make up a Region. The number and designation of teams assigned to each Region is within the discretion of the State Coordinator, the Legal Counsel Coordinator and the Regional Coordinator, and may be changed without prior notice. 2. Each Regional Tournament and the State Tournament will consist of at least four preliminary rounds and a finals round, except that a fewer number of preliminary rounds may be used at Regional Tournaments where each team will face all other teams at the tournament in fewer than four rounds. It will be up to the Regional Coordinator to determine whether a finals round will take place for the top two teams, in those regions where less than ten (10) teams compete. 3. Prior to each round the regional or state coordinators will post the START TIME and location of each trial. The START TIME will be approximately 10 minutes from the posting time. All team members must be in their assigned courtroom and prepared to begin the trial at the START TIME. Teams not in their assigned courtroom and ready to proceed may receive 5 penalty points from the judge or tournament coordinator. Ready to proceed is defined as the students in their seats with their rosters ready to be presented to the Judge. Teams competing in a finals round must: (a) have one student member ready to meet with the Tournament Coordinator immediately after postings to determine which side of the case will be presented by each team; and (b) have all team members in the courtroom and be ready to begin as directed by the Tournament Coordinator. Tournament Coordinators and judges shall have discretion to impose appropriate sanctions, including assessing penalty points, for violations of this Rule. 4. (a) A power-matching scoring system will be used for the Regional and State Tournaments, except as provided in Rule V.4(b). The main concept of power-matching is that at each stage of the tournament, as much as possible, teams should compete against teams with a similar record. Under a power-matching scheme, teams are matched at each level of the tournament according to their win-loss record. The first round of the tournament will be pre-set, purely at random, except that (if reasonably possible) teams from the same school will not be matched against each other in the first round. All subsequent rounds of the tournament will be matched according to the results of the prior rounds. Before each subsequent round, teams will be ranked based on the following criteria in the order listed: (i) win-loss record; (ii) total number of ballots (this criterion applies only if judging panels are used); (iii) cumulative points; and (iv) cumulative point spread. Brackets will be determined by win-loss record. Within each bracket, subject to the limitations on power-matching set forth below, the top ranked team (according to the criteria set forth above) will be paired against the lowest ranked team, the second highest against the second lowest, and so on until all teams in the bracket are paired. If there are an odd number of teams in a bracket, then the team that has not been paired against a team from its bracket will be placed at the top of the next lowest bracket. In pairing teams (except for final rounds), the following limitations on "pure" power-matching will be applied in this order of importance: A. Each team must represent each side of the case twice; B. A team may not face an opponent more than once, unless the number of teams at the tournament makes this restriction impossible (in which case the teams must present the opposite sides of the case); C. To the extent possible, teams should not appear before the same judge; but if this is not possible, then every effort will be made to have the team appearing before the judge for the second time present the opposite side of the case; and

8 Tournament Rules, page 8 D. If a bye is being used, then the tournament coordinator has discretion to adjust the power-matching criteria to assign the bye in the manner that least affects the tournament s outcome. The tournament champion will be the team that wins the Finals Round pairing between the top two teams, if there is a Finals Round. Teams will be selected for the Finals Round on the basis of their win-loss record followed by cumulative number of ballots (this criterion applies only if judging panels are used), then cumulative point total, and then cumulative point differential. If there is no Finals Round, the winning team is determined by the win-loss record compiled during the four rounds of the tournament followed by cumulative number of ballots (this criterion applies only if judging panels are used), then cumulative points, and then cumulative point differential. (b) In regions with fewer than 10 teams, the Regional Coordinator has discretion not to use the power-matching system set forth in Rule V.4(a). If the Regional Coordinator elects not to use the power-matching system, then the Regional Coordinator shall: (i) notify the State Coordinator and the Legal Counsel Coordinator of that decision at least two weeks prior to the Regional Tournament, and consult with the State Coordinator and the Legal Counsel Coordinator as to the pairing method that will be used at the Regional Tournament; and (ii) after the State Coordinator and Legal Counsel Coordinator approve the pairing method, promptly provide advance notice of the pairing method to be used to the teacher coaches of the teams assigned to the region. Final decision-making authority with respect to the pairing method to be used at regions with fewer than 10 teams rests with the State Coordinator and Legal Counsel Coordinator. 5. It is the Teacher-Coach s responsibility to sign in the school s team(s) on the day of the Tournament in accordance with the instructions disseminated by the Tournament Coordinators. Any team that has not signed in during the official sign-in time published by the Tournament Coordinators shall forfeit the first round, subject to the Tournament Coordinator s discretion, to allow such team to compete for good cause shown. In any event, the Tournament Coordinators shall not allow such a team to compete, if the participation of that team will cause any delay in the start of a round of the Tournament. The opponent of any team forfeiting a round under this Rule shall be treated as receiving a bye. (See Rule V.5.) This Rule does not affect the Tournament Coordinators discretion to adjust regions or pairings as necessary to avoid a bye. 6. If there is an odd number of teams in the Regional Tournament, which requires one team to have a "bye" in each round, the team which will have the "bye" will be chosen at random. The teams chosen for a "bye" in Rounds 1, 2, 3, and 4 will receive, as points for the "bye" round, the average point total received by all winning teams participating in that round. The teams who have a "bye" will receive a "win" for the "bye" round. The only limiting factor is that no team will have more than one "bye" throughout the Tournament. A team with a "bye" may not attend trials going on during its "bye" round. If there is a violation of this rule, the Regional Coordinator will have discretion to determine a penalty, if necessary. 7. Members of a school team entered in the tournament - including Teacher-Coaches, Attorney- Coaches, and others directly associated with the team's preparation - are not allowed to attend trials involving teams other than their own (except the final round in the Regional or State Tournament). 8. Each school shall have present at all times at the Tournaments either its Teacher-Coach or its Attorney-Coach. Each team shall participate in all tournament-related events, such as assemblies and demonstrations, although a team may leave the tournaments after it has concluded its rounds. Schools or teams violating this rule are subject to disqualification or other penalties at the Tournament Coordinator s discretion.

9 Tournament Rules, page 9 9. The State Tournament will consist of four rounds and a Finals round for the top four teams. A Semi-Finals round will be optional, depending on time constraints. There will be sixteen (16) teams invited to the State Tournament. The number of invitations extended to each region is the result of factoring the percentage of teams appearing at that region's tournament to the statewide number of participating teams. For example, if Region I has 18 teams in its Regional Tournament, and a total of 48 teams are entered statewide, Region I would receive 18/48 x 16 available spots, or 6 invitations to the State Tournament. In this way, even small regions are assured of at least one berth in the State Tournament. 10.The State Coordinator and the Legal Counsel Coordinator shall have full discretion in determining which teams are to be invited to the State Tournament to the extent there is a tie between Regions based upon the above mathematical formula. In determining how to break the tie, the State Coordinator and the Legal Counsel Coordinator shall consider the following criteria in order of importance: a. Team s win/loss record at Regionals. b. Team s overall point total at Regionals. c. Team s point differential in wins/losses at Regionals. If a tie still remains after these three factors are reviewed, the State Coordinator and the Legal Counsel Coordinator shall then make the final decision at his or her their discretion, utilizing whatever other criteria may be appropriate or applicable. The team that earns a berth in the State Tournament must consist of all of the same students who participated in the Regional Tournament, including alternates unless a replacement is permitted under this rule. If (i) a team member who participated as an attorney or a witness at the Regional Tournament is unable to participate at the State Tournament, and (ii) that team member s inability to participate leaves the team with fewer than six team members who participated as an attorney or a witness at the Regional Tournament, then the teacher-coach may request in writing that the State Coordinator and the Legal Counsel Coordinator allow the team to replace that team member with another student who meets the qualifications in Rule I.2. The written request shall (i) specify the reasons the team member is unable to participate at the State Tournament, and (ii) identify the proposed replacement student. The State Coordinator and the Legal Counsel Coordinator have sole and absolute discretion to determine: (i) whether good reason exists to allow a replacement student to participate at the State Tournament; and (ii) whether to allow a replacement under this rule. If a team that has earned a berth to the State Tournament becomes ineligible to, or elects not to, participate at the State Tournament, then the State Coordinator and the Legal Counsel Coordinator have the sole and absolute discretion to designate another team to participate at the State Tournament. For example, a school may not choose among students from all of its teams at the Regional Tournament to select the participants on the State Tournament team. Teams may take alternates to the State Tournament only if those same students were alternates on that same team for the Regional Tournament. If a situation arises where a team that is invited to State loses a team member, including an alternate, the State Coordinator must be notified immediately in writing. The State Coordinator and the Mock Trial Legal Counsel Coordinator will determine whether another team will be invited to the state tournament. In any case, if team membership drops below six students, the team will be deemed ineligible for the tournament. In no instance will the team be allowed to participate with less than six members. 11. The principles set forth in Rule V.10. apply to the national tournament, such that the same students that participate at the State Tournament must compose the national team. The team that wins the State Tournament shall be entitled to represent Arizona at the National High School Mock Trial Championship. The team that participates in the National Championship must be comprised of students who participated on that team at that year s Regional Tournament and/or State Tournament. A student who participated on the team at the Regional Tournament, but who for good reason did not participate at the State Tournament, is eligible to participate at the National

10 Tournament Rules, page 10 Championship, provided that the student is eligible to participate under any applicable rules of the school or school district. If a student who participated on the state champion team is unable to participate at the National Championship, then the teacher-coach may request in writing that the State Coordinator and the Legal Counsel Coordinator allow the substitution of a student who participated on another team from the same school at that year s Regional Tournament and/or State Tournament. The written request shall (i) specify the reasons the student is unable to participate at the National Championship, and (ii) identify the proposed substitute student. The State Coordinator and the Legal Counsel Coordinator have sole and absolute discretion to determine: (i) whether good reason exists to allow a student who participated at the Regional Tournament, but not the State Tournament, to participate at the National Championship; and (ii) whether to allow a substitution under this rule. If the state champion team is ineligible to, or elects not to, participate at the National Championship, then the State Coordinator and the Legal Counsel Coordinator have the sole and absolute discretion to designate another team from the State Tournament to represent Arizona at the National Championship 12. Prior to the Regional Tournament, each Each team upon registration will be assigned a unique identifier code that does not contain information from which the school s identity or location can be readily determined. The unique code will be used to identify the team on all score sheets, rosters, time sheets and postings of round pairings at the regional and state tournaments. Each team invited to the State Tournament will use the same unique code assigned to it for the Regional Tournament be assigned a new code for the State Tournament. The unique code will be used to identify the team on all score sheets, rosters, time sheets and postings of round pairings at the Regional regional and State Tournaments. state tournaments. Nothing in this rule prohibits the identification of schools and the student participants by name in the tournament program. VI. Judging 1. There will be a judges' meeting prior to the tournament and within that period many of the rules will be reviewed. There will be a factual overview of the problem and discussion devoted to the method of scoring and the decisions made by the judges. 2. The presiding trial judge will announce the decision on the merits at the end of the trial. This decision of guilt or innocence in a criminal case, or finding in favor of the plaintiff or defendant in a civil case, solely advises the teams on the manner in which the developed facts interact with the applicable law. This decision has nothing to do, or relationship with, the performance of a team and performance points that are awarded. 3. If there is only one Judge available to preside over the trials that Judge will be the presiding Judge and will also score the performances, but these decisions will not be announced. Scoring performance decisions and points provide the basis upon which matching of teams between rounds takes place. The judges have been instructed to rate the performance of all witnesses and attorneys on the team. If a panel of Judges is available to preside over the trials the panel will consist of three or four individuals. When there is a judging panel, the scoring judges shall be treated as the jury. The composition of the judging panel and the role of the presiding judge will be at the discretion of the regional or state coordinators, with the same format used through out the tournament, as follows: 1. One presiding judge and two scoring judges (all three of whom complete the score sheet/ballots); or 2. One presiding judge and three scoring judges (scoring judges only complete the score sheets/ballots); or

11 Tournament Rules, page One presiding judge and two scoring judges (scoring judges only complete score sheet/ballots and presiding judge selects only the winner and does assign points totals for either team); or 4. One judge who both presides and scores the round. 5. Regardless of the composition of the judging panel each judge will determine his/her score independently, including any assessment of penalty points. The scoring judge may be persons with mock trial experience, work in the legal profession or attorneys or judges. Each scoring panel shall include at least one attorney or judge. The presiding judge must be an attorney or judge. At the discretion of the regional or state coordinator, the final rounds may have larger scoring panels. All trials MUST have an odd number of scoring judges. Scoring performance decisions and points provide the basis upon which matching of teams between rounds takes place. The judges will be instructed to rate the performances of all witnesses and attorneys for the teams. 4. The decisions of the judges are final. 5. Judges are not required to recognize outstanding presentation by student attorneys or witnesses. However, when an outstanding or exceptional presentation is made, judges have the option of recognizing one OUTSTANDING INDIVIDUAL PERFORMER per tournament round. Up to eight top student performers at each Regional will be named to the All-Regional Team and receive appropriate recognition. Likewise, up to eight top student performers at the State tournament will be named to the All-State Team and will receive appropriate recognition. VII. Rules Interpretation and Appeals 1. Appeals concerning Rules. With regard to interpretation and/or enforcement of the Rules of the Program, certain matters can be appealed to the Legal Counsel Coordinator. The appeal must be made in writing within 10 calendar days of the action or decision appealed from or before the day of the Tournament whichever period is shorter and signed by the teacher-coach or the attorney-coach of the appealing team. No appeal will be considered that is not in writing or signed. The Legal Counsel Coordinator, or his designee, will decide the appeal following discussion with the State Coordinator. 2. Appeals concerning Eligibility. All appeals concerning the eligibility of a team or a student shall be raised, in writing, prior to the beginning of the appropriate Tournament. Appeals must be signed by the teacher-coach of the objecting or disputed team and specify precisely the nature and grounds for the protest or objection. A copy of the written appeal must be mailed or delivered to the teacher-coach of the team/student under dispute or the teacher-coach of the objecting team depending on the circumstances of who is appealing. Any appeal not in writing and signed will not be considered. All appeals will be decided by the appropriate Tournament Coordinator prior to the beginning of the Tournament and both parties will be notified of the decision. The decision of the Tournament Coordinator may be appealed to the Legal Counsel Coordinator pursuant to this Section of the Rules only if: 1) the appeal can be made and decided prior to the beginning of the Tournament and 2) the Legal Counsel Coordinator or his/her designee(s) did not make the original decision. 3. While the Legal Counsel Coordinator, after discussion with the State Coordinator, may decide not to allow such an exception to the eligibility criteria for any reason in their sole discretion, the Legal Counsel Coordinator cannot allow such an exception unless: a) the high school sponsoring the team has never competed before or has not competed for at least four (4) consecutive years; b) only one (1) student does not meet the eligibility criteria; and c) the ineligible student has never participated in the Mock Trial program. The decision of the Legal

12 Tournament Rules, page 12 Counsel Coordinator or his/her designee(s) to allow or not to allow an exception is final and not subject to further review or appeal. 4. Authority of the Legal Counsel Coordinator. The Legal Counsel Coordinator has total and absolute discretion and authority regarding the proper interpretation, enforcement and application of the Rules of The Program of the Mock Trial Program. All decisions made by the Legal Counsel Coordinator or his designee(s) with regard to the Rules and any appeals thereon shall be final and not subject to further review or appeal. Prior to making a final decision regarding any appeal or Rule interpretation, the Legal Counsel Coordinator or his designee shall discuss the issue/appeal with the State Coordinator. By registering for the Mock Trial program, each high school, teacher-coach, attorney-coach, student, parents of students, or anyone related to a team s participation acknowledges and voluntarily agrees to comply with the Rules of The Program for the Mock Trial program and further agrees to the absolute and final authority of the Legal Counsel Coordinator as set forth in this rule.

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