Moot Court - Basic Rules

MOOT COURT – BASIC RULES OF PROCEDURE

(Note: Amendments and modifications to these rules are inevitable, particularly as this is my first time using this teaching technique, but I wanted to lay out some structure for you to get started. By all means, let’s all try our best to make moot court work, rather than quibble over details!)

(1) Parties shall present oral arguments according to the following order and time constraints (however, time may be added or subtracted at Court’s discretion):

Petitioner opening statement – 10 mins

Respondent opening statement – 10 mins

Cross-party questions and debate – 15-20 mins

Recess (Break) – 5 mins

Judge questions and discussion – 15-20 mins

Petitioner closing argument – 5 mins

Respondent closing argument – 5 mins

Judge and jury deliberations – 10-15 mins

Verdict – jury followed by judges

(2) Parties shall focus arguments on questions of LAW, not FACT, and only on the law in the assigned subject area (e.g. substantive due process, First Amendment, etc.). Naturally, the significance of certain facts may be questioned and argued over, and other legal questions may get into the mix. Indeed at the appellate level, a party’s “summary of facts” can be a highly persuasive tool. But I do NOT want our moot court to get sidetracked by peripheral issues or unverifiable factual assertions/denials. Parties may raise objections to any off-topic or “out-of-bounds” material during oral argument.

(3) Parties shall provide to the Court (email at cdcole9@gmail.com) and to opposing parties a list of any authorities (cases, law review articles, etc.) that they intend to use during arguments NO LATER THAN 5pm on the day before the preceding day of argument. In other words, if argument is scheduled for a Thursday, the list of authorities must be submitted by Tuesday 5pm. If argument is scheduled for Tuesday, the list of authorities must be submitted by Sunday 5pm. Failure to comply with this deadline will result in automatic disqualification!

(4) Parties shall engage with each other during oral arguments in a spirit of forceful, vigorous, but mutually respectful advocacy. No party may speak until he/she has raised his hand and is recognized by the Court, or is otherwise responding to a question that is directed to his/her side by the Court. No party shall attempt to interrupt any question or comment being made by any member of the Court. Finally, parties shall address their arguments to the Court, not the jury.

(5) In our modified moot court format, verdicts will be rendered by both the Court (a panel of 4 senior students, who will serve as Associate Justices, and 1 professor, who will serve as Chief Justice) and the jury (composed of non-party junior students). Both the Court and jury shall reach their verdicts by majority vote, but the Court and jury shall deliberate separately. In the event of a split verdict, the deciding vote shall be cast by the Chief Justice.