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Moot Court Guidelines Trial Proper

The document outlines guidelines for presenting witnesses in a moot court proceeding. It discusses the format for formally offering a witness, conducting direct and cross examinations, and re-direct and re-cross examinations. The formal offer provides context for the witness's testimony. Direct examination establishes the witness's identity and affirms the truthfulness of prior statements. Cross examination tests the witness's credibility. Re-direct allows the witness to clarify answers from cross examination.

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Kaye Año
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116 views3 pages

Moot Court Guidelines Trial Proper

The document outlines guidelines for presenting witnesses in a moot court proceeding. It discusses the format for formally offering a witness, conducting direct and cross examinations, and re-direct and re-cross examinations. The formal offer provides context for the witness's testimony. Direct examination establishes the witness's identity and affirms the truthfulness of prior statements. Cross examination tests the witness's credibility. Re-direct allows the witness to clarify answers from cross examination.

Uploaded by

Kaye Año
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MOOT COURT GUIDELINES

Whoever the Prosecutor will present as a witness (whether Investigator,


Arresting Officer, Witness, Private Complainant, Victim, Custodial
Investigator, etc.), it will follow this format---

I. FORMAL OFFER

I.1. In Formal Offer, the Prosecutor will summarize to the Court


the purpose and nature of the testimony of the witness
I.2. The Prosecutor will ask the witness to identify the
documents he has executed.
I.3. In short, the FO will give the Court an idea why the witness is
on the witness stand

Example:

PROSECUTOR: Your Honor, we are calling on the witness to


prove that -------

II. DIRECT EXAMINATION

Prosecutor: Mr. Witness, why are you here in Court ?


Witness: I am here because I received a subpoena in the case of
xxxxxx

Prosecutor: In relation to this case, do you recall having any


executed any document?
Witness: Yes, I have executed (depends what documents was
executed)

Example: For Investigator------ I have executed my judicial


affidavit/Sinumpaang Salaysay and my Investigation Report.

For Arresting Officer: I have executed an Affidavit of Arrest.


Prosecutor: I am showing to you (depends on what document),
what is the relation of these documents to the documents that you
said you have executed?
Witness: That is my affidavit or These are the documents that I
have executed.

Prosecutor: I am showing to you xxxxxx, there appears to be a


name and a signature on top of it. Whose name and signature is
this?

Witness: That is my name and signature

Prosecutor: At this juncture your Honor, we would like to mark


_____ as our Exhibit xxxx.

Prosecutor: Pls take a look at your Affidavit or Investigation


Report etc… , is there anything you wish to supplement or clarify?
Witness: xxxx

Note: If the witness is an Arresting Officer, then the Prosecutor


will ask the witness to identify the accused in open court.

Prosecutor: Mr. Witness, you mentioned of xxxxx (recite the name


of the accused), are these individuals in Court? If they are kindly
rise and point to them.
Witness: (will point to the accused)

Prosecutor: Do you confirm and affirm the veracity and


truthfulness of all the allegations contained in your Affidavit?
Witness: Yes

Prosecutor: Your Honor, We are adopting the Judicial Affidavit of


our witness to form part of his direct testimony. He is now ready
for cross examination.

III. CROSS EXAMINATION


III.1. The Cross Examiner can ask anything under the sun to test
your memory, credibility and the truthfulness of the
contents of your affidavit.
III.2. If you know your case, then definitely whatever the question
is, you will be able to withstand it.
III.3. Do not worry if you just answered YES OR NO, or you were
not allowed to explain, then the Prosecutor must take note of
these and during RE DIRECT, you will be allowed to explain.
III.4. The purpose of the Cross Examiner is to break you, to show
that you do not have personal knowledge, or you are just
lying.

IV. RE DIRECT EXAMINATION

IV.1. In Re Direct Examination, the Prosecutor will give the


witness an opportunity to explain his answers in Cross
Examination. The trick is the Prosecutor should be able t0
ask the right questions.

V. RE CROSS EXAMINATION

Same purpose as Cross Examination

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