Trial Format + Rules

For all Empire In-Person Competitons

Click on an option below to learn more:

Guest Witness

Does the (sometimes) scripted nature of a mock trial round get to you? Do you ever wish that your team could collaborate with ‘mockers’ from other schools?

If so, you are going to love the Guest Witness program!

The Guest Witness (GW) program pairs together an attorney and witness who attend different schools and are on different mock trial teams. The partners meet right before the round starts, and are given 20 minutes to prepare their direct. In each Empire trial, a team calls two traditional witnesses to the stand and one Guest Witness.

Keep reading and watch the video below to learn more.


Guest Witness (“GW”) 101

Your team will call 1 Guest Witness (“GW”) per trial.

KEY

P = Plaintiff / Prosecution

D = Defense

GW = Student portraying Guest Witness

4 Trials

You are guaranteed to compete in four trials.

2 rounds

as

Plaintiff/Prosecution

2 rounds

as

Defense

  • You cannot get eliminated from the competition.

  • You compete in one of 2 divisions. Each division comprises half the field in the competition.

  • After 4 trials, the top team in each division face off in the Championship Round;

6 or 7 Students Per Trial

Each team must field either 6 or 7 different students per trial: 3 witnesses and either 3 or 4 attorneys. Teams decide whether to field 3 or 4 attorneys in a trial, which then determines whether a total of 6 or 7 students compete in a trial. 

Empire cases consist of 4-5 witness statements per side. Teams will be required to call at least one witness to the stand (i.e. the Guest Witness), but will have the option of choosing at least one, sometimes two, witness character(s) they consider best suited for their case and students.

Click on one of the options below to find out more about Empire role assignments, including how the 3- or 4-person attorney structure works.

ATTORNEY ROLE ASSIGNMENT

In designing this set of rules, our goal is simple: to ensure that teams are dividing the workload evenly amongst their attorneys. We believe that this is crucial from both an educational and competitive perspective.

As you review the rules, keep these definitions in mind:

Speech refers to the pre-trial oral argument (“POA”), opening statement or closing argument.

Exam refers to either a direct or a cross examination.

3 Attorneys

If you opt to field 3 attorneys in a trial, then the rules are easy: each attorney will be responsible for delivering one speech, one direct exam and one cross exam. There is no flexibility.

4 Attorneys

If you decide to field 4 attorneys in a trial, it gets a bit more complicated and you have more to consider:

    1. An attorney cannot perform more than one speech per side.This means that 3 of your attorneys will deliver a speech on a given side, and 1 attorney will not. Please note that this rule does not preclude an attorney from giving a speech on both the plaintiff/prosecution and the defense.

    2. The attorney who does not give a speech must conduct one direct and one cross–no more, no less. The purpose of this rule, like the following rule, is to distribute the workload. One attorney cannot be responsible for all direct or cross examinations in exchange for not performing a speech, for instance.

    3. Each attorney must conduct at least one exam. A speech-giving attorney may not focus solely on their speech.

    4. No attorney may conduct more than one direct or more than one cross. You can’t have a “specialist” who handles multiple directs or multiple crosses.

    5. The attorney delivering the pre-trial oral argument (“POA”) may not direct the Guest Witness (“GW”). This is because the GW will be preparing their direct exam with their directing attorney during the POA. Hence, it’s not physically possible for the GW directing attorney to also do the POA!

Confused yet? Don’t be. Your final assignments will look like this:

A = Attorney | Speech = POA, Opening, Closing

3 Attorneys

A1 A2 A3
Speech Speech Speech
Direct Direct Direct
Cross Cross Cross

4 Attorneys

A1 A2 A3 A4
Speech Speech Speech Direct
Direct Direct or Cross Direct or Cross Cross
Cross

TIMEKEEPING

The timekeeper must be a rostered student. You may have an additional student who is not competing in the given round serve as a timekeeper (our preference). But you may also use one of your competing students as a timekeeper.

A person who is not on your roster may not serve as a timekeeper—so a coach, chaperone and/or family member may not timekeep.

PARTY REPRESENTATIVE

You may have an additional rostered student (not one of the competing attorneys/witnesses) serve as a non-testifying party representative and sit at counsel’s table during the trial. A non-testifying party representative will not be scored.

For example, our 2015 case featured a police department as a defendant in a civil action. Some defense teams elected to sit the defendant’s party representative, the Police Chief, at counsel’s table during the trial, but did not call him/her to testify.

28 Students per team

Your team may consist of up to 28 students. That means you may have 7 different students compete in each of the four trials (though this is rarely done).

A standard registration package covers a group of 14 people; this typically consists of 12 competing students and 2 coaches, although you’re free to structure your roster however you like.

Team Introductions

Representatives from your team will meet approximately 30 minutes prior to the start of your round for a Team Introduction, which will take place in your assigned courtroom. Your representatives will announce their witness lineup, complete relevant forms and show any enlarged exhibits or demonstratives to their opponent. This meeting is unrelated to the Pre-Trial Oral Argument.

Note: Teams are permitted to enlarge exhibits and create their own demonstratives subject to Rule 4.5 in our Rules of Procedure.

At Empire, we give you 8 minutes for the pre-trial oral argument and 55 minutes to present the rest of your case. You may divide that 55 minutes however you like. For instance, you may spend 5 minutes on an eye-witness direct and 10 minutes on your expert direct; or 20 minutes on your defense directs and 30 minutes on your crosses. Just make sure you stay within your 55 minutes.

Our time limits allow you the freedom to present your case in the manner that you see fit. But with great power, comes great responsibility. Students must stay alert during their trials to ensure that time isn’t misallocated. For example, if a cross takes longer than anticipated, your students will have to adapt. The ability to use your time effectively and adapt to events that occur in trial is part of what we’re looking to test.

55-Minute Trial Time Limit

16 Scoring Categories

Each trial will feature 2-3 judges who will score you in 16 different categories using a 1-10 scale.

  • + 1X – Pre-Trial Oral Argument (counts for double – we multiply the score by 2)

  • + 2X – Speeches – opening, closing

  • + 3X – Attorney on direct

  • + 3X – Attorney on cross

  • + 3X – Witness on direct (one of which comes from your guest witness in another trial)

  • + 3X – Witness on cross (one of which comes from your guest witness in another trial)

  • + 1X – “Extemp” – team’s overall ability to adapt to a trial and to raise / respond to objections

= 16 categories

8 or 12 Ballot Record

Your record at Empire will be out of 8 or 12 wins.

There are three primary categories that drive a team’s record at Empire: wins (ballots captured), strength of schedule (quality of your opponents) and point differential (the margin of your wins and losses).

If 2 teams win the same number of ballots, then we’ll break the tie by looking at strength of schedule (SOS); if 2 teams have the same number of wins and SOS points, we’ll look at PD. Tied ballots are allowed and will count as ½ of a win.

Pre-Trial Oral Argument

Each Empire trial begins with a Pre-Trial Oral Argument (POA) that lasts approximately 8 minutes and concludes before the main trial. The POA will involve either (i) potential evidence or testimony in the main trial with the judge’s ruling determining its admissibility, or (ii) an issue involving constitutional law that shares facts with the main trial, but is not legally related to it.


Past POA Issues 

Prior POA issues include argument over the following:

  • Admissibility of a defendant’s cell phone site location data in a federal terrorism prosecution (motion to suppress);

  • Admissibility of a defendant’s journal, written while in prison, in a §1983 civil rights case (motion in limine);

  • The right of a public university to restrict a white nationalist from speaking on campus (temporary restraining order);

  • Admissibility of part of an expert scientist’s opinion (Daubert motion).

Pre-Trial Oral Argument (POA) 101 

Rules & Procedures

We believe that in order to operate a competition that is educational, it is essential to have rules and procedures that are easy to understand, exhaustive and transparent. To that end, we make our competition materials available online year round, and divide our materials into three separate documents, each of which has chapters to help teams navigate their content. 

Empirion
Evidence Ordinance

Lists all objections that a team may raise during the mock trial. Our evidentiary rules are very similar to the Federal Rules of Evidence, though included rules may change slightly each year based on the case.* Teams that excel at Empire have a strong grasp on these rules and their application.  

*For example, we may remove the subsequent remedial measures rule if it’s not applicable to the year’s case to help make our rules more manageable for students.

Rules
of Procedure

A compilation of rules that govern court proceedings in the state of Empirion, like time limits and communication restrictions during a trial. It also explains procedures for raising rule violations that may arise before, during and after a team’s mock trial. Students are expected to be well-versed in Empirion’s procedural rules.