Guest Witness

Are there any rules restricting who can portray or direct examine a GW?

Yes. The same student cannot serve as the GW on both sides of the case (i.e. Sally can’t play the P and D GWs).

An attorney may not direct the GW in a trial in which they are giving the Pre-Trial Oral Argument. (See Rule 2.3.1.c).

There are no other restrictions; however, here is a quick tip:

We recommend assigning the same student to portray the plaintiff/prosecution GW in both prosecution/plaintiff trials; the same goes for the defense. Technically, you could have a different student portray the GW in each of your four rounds. But that means they’d only compete once as the GW and would be ineligible to earn an individual award. So, that is not a common or recommended practice.

How do we know which character in the case is the GW?

We’ll tell you. We designate the GW witness statements in the case file, and you’ll be required to call those witnesses to the stand. (e.g. Spencer Franklin in P GW and Harper Stebbins is D GW) (See Rule 2.5.1.b) You’ll then work with your students to prepare their GW directs for trial.

How does our GW find out where they are testfying?

Through the PROcess software! Approximately 25 minutes before the trial is scheduled to start, we’ll release your GW assignment on PROcess. Your GW can then log-in to the software and see where to report.

You said you assign GW pairs to courtroms–how do you decide where each pair goes?

By using a computer algorithm, which considers your team’s overall record at the competition and any potential conflicts. When we say ‘conflict’, we are referring to a situation in which your GW is direct or cross examined by the same student in both of their GW trials. The algorithm guards against that type of conflict from arising, while also trying to match top performing competition teams with one another.

To facilitate the GW program, each Empire competition features two divisions. Your GW pair will always be assigned to a trial in a different division.

The computer algorithm is part of PROcess, our digital tabulation system, and generates the fairest combination of GW assignments based on the available data at the time of assignment. The exact algorithm is published and explained in our Tabulation Manual (see our Open + Digital Tabulation Page). If you have any questions about the GW pairing, please don’t hesitate to ask!

Once an attorney meets their GW, how long do they have to prepare their testimony?

About 20 minutes. Their preparation takes place in the hallway outside of the trial, mostly during the Pre-Trial Oral Argument. That is why the attorney who is giving the Pre-Trial Oral Argument cannot direct examine the Guest Witness.

May a coach or another student watch the GW testiy?

Yes. While ‘scouting’ is not permitted at Empire (See Rule 5.11), a team may watch its GW testify. That is not considered ‘scouting’ under our rules, as the purpose is to support a student on your team, rather than to gather information on a potential future opponent (especially because your GW is testifying in the other division, so you won’t be competing directly against these teams during any of your 4 rounds).

What if the GW, for whatever reason, does not try their best–will that hurt my team's record?

Not necessarily, for two reasons.

First, a GW’s score counts toward their own team’s results and not the team for which they are testifying. So, if you direct a GW, and they “do not try their best,” then they only hurt their own team’s results.

Second, our judges are instructed to evaluate a GW directing attorney differently than other attorneys. They are informed that the GW attorney and witness attend different schools, and that the attorney should not be held accountable should the GW “freeze” or present unsatisfactory testimony that is unrelated to their attorney’s performance. They are also instructed that, should a GW perform poorly due to nerves, they should consider whether the student attorney handled the witness in a way they would expect an attorney in real life to handle a similar witness.

One final note: we have never received a report from a team that a GW didn’t try their best in a trial in the four years in which we’ve offered the program.

How exactly does a GW's scores count toward their own high school's record?

Our digital tabulation software, PROcess, calculates your GW’s average score on direct and average score on cross, and ports them to your team’s ballot for the given trial. Each score is averaged to the hundredth. PROcess also deducts the GW scores from the GW that testified in your trial, who does not attend your school.

As a result, Empire differentials can often be funky! (i.e. the number of points by which you win or lose a trial) Don’t be surprised if you see a 7.5 or 8.67 differential in a round.