Trial Scipt.docx

MOCK TRIAL IN LEGAL COUNSELING Roles PROSECUTION COUNSEL Prosecutor 1 Prosecutor 2 Prosecutor 3 PROSECUTION WITNESSES Witness 1 Witness 2 Witness 3 DEFENSE COUNSEL Defense Lawyer 1 Defense Lawyer 2 Defense Lawyer 3 DEFENSE WITNESSES Witness 1 Witness 2 Witness 3 COURT STAFF Staff 1 Staff 2

Name of Student Role player

Alex Balaoro Noli Llanera

SCRIPT Court Staff 1: All rise. The Court is now in session, the Honorable_____________ presiding. Judge:

Please be seated. Please, call the case.

Court Staff 1: Criminal Case Number 62941, entitled People of the Philippines versus Billy Joe Montenegro, now comes for hearing. Judge:

appearances.

Prosecution: Prosecutor 1: Your Honor, my name is Atty.___________________ and I am representing the People of the Philippines in this case. Prosecutor 2: Your Honor, my name is Atty. __________________ and I am representing the People of the Philippines in this case. Prosecutor 3: Your Honor, my name is Atty.______________________ and I am representing the People of the Philippines in this case. JPMiraflor doc/[email protected]

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Defense: Defense Lawyer 1: Your Honor, my name is Atty. __________________ and I am representing the Accused in this case. Defense Lawyer 2: Your Honor, my name is Atty. __________________ and I am representing the Accused in this case. Defense Lawyer 3: Your Honor, my name is Atty.___________________ and I am representing the Accused in this case. Judge: Is the prosecution ready? Prosecutors: (Stand Up) Yes Your Honor. Judge: Is the defense ready? Defense Lawyers: (Stand Up) Yes Your Honor. Judge: Does the prosecution wish to call any witnesses? -1st Prosecution Witness(Prosecutor: ___________; Witness:________; Defense Lawyer:_______) Prosecutor 1: Yes, You Honor. The prosecution would like to call ___________ (witness 1) to the stand. Court Staff 1: Please raise your right hand. Do you swear the truth, the whole truth, and nothing but the truth? Witness 1:

I do. (witness goes to the stand and sits down)

Prosecutor 1: Witness 1:

Please state your name and personal circumstances.

I am ________________ __ years old, and a resident of ______________________.

Prosecutor 1: You Honor, we are offering the testimony of ___________ to prove that _________________________________________________________________________. Judge:

What do you say counsel?

Defense Lawyer 1: Judge:

Subject to cross, You Honor?

Proceed. Atty. ___________

Prosecutor 1:

Perform direct-examination question for Witness 1 (_______)

Q:_______ A:_______ JPMiraflor doc/[email protected]

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Q:_______ A:_______ --end question. That is all for the witness. Judge: Defense Counsel, would you like to cross-examine the witness? Defense Lawyer 1: Yes Your Honor. Perform cross-examination question for Prosecution Witness 1. Q:_______ A:_______ Q:_______ A:_______ --end question. Thank you. No further questions Your Honor. Judge: You may step down. Judge: Does the prosecution wish to re-direct? Prosecutor 1. No, your honor. -2nd Prosecution Witness – (Prosecutor: Pauline; Witness: Syren; Defense Lawyer: Sam) Judge: Prosecution, you may call your second witness. Prosecutor

2:

Yes,

You

Honor.

The

prosecution

would

like

to

call

_________________(witness 2) to the stand. Court Staff 1: Please raise your right hand. Do you swear the truth, the whole truth, and nothing but the truth? Witness 2:

I do. (witness goes to the stand and sits down)

Prosecutor 2: Witness 2:

Please state your name and personal circumstances.

I am ________________, __ years old, single, and _____________________________. I am a _(occupation)_____.

Prosecutor 2:

a

resident

of

You Honor, we are offering the testimony of ____________ to prove that

__________________________________________________________________. JPMiraflor doc/[email protected]

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Judge:

What do you say counsel?

Defense Lawyer 2: Judge:

Subject to cross, Your Honor?

Proceed. Atty. ________

Prosecutor 2:

Perform direct-examination question for Witness 2 (_______)

Q:_______ A:_______ Q:_______ A:_______ --end question. That is all for the witness. Judge: The defense may cross-examine the witness. Defense Lawyer 2: Perform cross-examination question for Prosecution Witness 2. Q:_______ A:_______ Q:_______ A:_______ --end question. That is all, You Honor. Judge: You may step down. Judge: Does the prosecution wish to re-direct? Prosecutor 2. No, your honor. -3rd Prosecution Witness – (Prosecutor: ____ Witness: ______; Defense Lawyer: ________) Judge: Prosecution, you may call your next witness. Prosecutor 3: Yes, You Honor. The prosecution would like to call ________________

(witness 3) to the stand. Court Staff 1: Please raise your right hand. Do you swear the truth, the whole truth, and nothing but the truth?

JPMiraflor doc/[email protected]

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Witness 3:

I do. (witness goes to the stand and sits down)

Prosecutor 3:

Please state your name and personal circumstances.

Witness 3:I am ______________________, __ years old, single, and a resident of _____________________________. I am a _(occupation)_____. Prosecutor 3: You Honor, we are offering the testimony of ______________ to prove that _________________________________________________________. Judge:

What do you say counsel?

Defense Lawyer 3: Judge:

Subject to cross, Your Honor?

Proceed. Atty. ____________.

Prosecutor 3:

Perform direct-examination question for Witness 3 (Nigel)

Q:_______ A:_______ Q:_______ A:_______ ---end question. That is all for the witness. Judge: The defense may cross-examine the witness. Defense Lawyer 3: Perform cross-examination question for Prosecution Witness 3. Q:_______ A:_______ Q:_______ A:_______ --- end question. That is all, You Honor. Judge: You may step down. Prosecutor 3: Your Honor, the prosecution rests.

------- Defense Direct Examination-------Judge: Defense, you may call your first witness. JPMiraflor doc/[email protected]

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1st Defense Witness (Defense Lawyer: ______: Witness: _______: Prosecutor: ______ ) Defense Lawyer 1: Thank you, Your Honor. I call to the stand ___________________. Judge: Will the witness please stand to be sworn in by the court staff. (Witness stands) Court Staff 2: Please raise your right hand. Do you swear the truth, the whole truth, and nothing but the truth? Witness 1:

I do. (witness goes to the stand and sits down)

Defense Lawyer 1: Please state your name and personal circumstances. Witness 1:

I am ________________, __ years old, single, and _____________________________. I am a _(occupation)_____.

a

resident

of

Defense Lawyer 1: You Honor, we are offering the testimony of Mr. _______ to prove that the complainant is a transwoman, so that their marriage is not legal to our law Judge:

What do you say counsel?

Prosecutor 1: Judge:

Subject to cross, You Honor?

Proceed. Atty. ________.

Defense Lawyer 1:

Perform direct-examination question for Witness 1 (________)

Q:_______ A:_______ Q:_______ A:_______ ---end question. That is all for the witness. Judge: The Prosecution may cross-examine the witness. Prosecutor 1: Perform cross-examination question for Defense Witness 1. Q:_______ A:_______ Q:_______ A:_______ JPMiraflor doc/[email protected]

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--- end question. That is all, You Honor. Judge: You may step down. Judge: Does the defense wish to re-direct? Defense Lawyer 1. No, your honor.

-2nd Defense Witness – (Defense Lawyer: Sam: Witness: Johana: Prosecutor: Pauline ) Judge: Defense, you may call your second witness. Defense Lawyer 2: Thank you, Your Honor. I call to the stand Ms. _________________. Judge: Will the witness please stand to be sworn in by the court staff. (Witness stands) Court Staff 2: Please raise your right hand. Do you swear the truth, the whole truth, and nothing but the truth? Witness 2:

I do. (witness goes to the stand and sits down)

Defense Lawyer 1: Please state your name and personal circumstances. Witness 2:

I am ________________, __ years old, married, and a resident of _____________________________. I am the co - worker of the accused ___________

Defense Lawyer 2: You Honor, we are offering the testimony of Ms._________ to prove that that the accused _____________ cannot do the accusations of Bigamy, being a witness to their second marriage. And that _______ is a very kind man and a God-fearing person, thus cannot afford to married another person without a valid reason. Judge:

What do you say counsel?

Prosecutor 2: Judge:

Subject to cross, You Honor?

Proceed. Atty. Espinas.

Defense Lawyer 2:

Perform direct-examination question for Witness 1 (Johana)

Q:_______ A:_______ Q:_______ JPMiraflor doc/[email protected]

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A:_______ ---end question. That is all for the witness. Judge: The Prosecution may cross-examine the witness. Prosecutor 2: Perform cross-examination question for Defense Witness 2. Q:_______ A:_______ Q:_______ A:_______ --- end question. That is all, You Honor. Judge: You may step down. Judge: Does the defense wish to re-direct? Defense Lawyer 2. No, your honor. -3rd Defense Witness – (Defense Lawyer: ________: Witness: ______: Prosecutor: ______) Judge: Defense, you may call your next witness. Defense

Lawyer 3: Thank you, Mr._______________________.

Your

Honor.

I

call

to

the

stand

Judge: Will the witness please stand to be sworn in by the court staff. (Witness stands) Court Staff 2: Please raise your right hand. Do you swear the truth, the whole truth, and nothing but the truth? Witness 3:

I do. (witness goes to the stand and sits down)

Defense Lawyer 1: Please state your name and personal circumstances. Witness 3:

I am __________________, ___ years old, married, and a resident of _____________________________. I am the accused in this case.

Defense Lawyer 3: You Honor, we are offering the testimony of our main witness ________________ to prove that herein complainant has lied to him about his true gender, Judge: What do you say counsel? JPMiraflor doc/[email protected]

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Prosecutor 3: Judge:

Subject to cross, You Honor?

Proceed. Atty. __________.

Defense Lawyer 3:

Perform direct-examination question for Witness 3 (Sam)

Q:_______ A:_______ Q:_______ A:_______ ---end question. That is all for the witness. Judge: The Prosecution may cross-examine the witness. Prosecutor 3: Perform cross-examination question for Defense Witness 3. Q:_______ A:_______ Q:_______ A:_______ --- end question. No further questions, Your Honor. Judge: You may step down. Defense Lawyer 3: Your Honor, the defense rest. ----Closing Arguments---Judge: Both the prosecution and the defense have now rested their cases. The attorneys will now present their final arguments. Prosecution, you may begin. Prosecution (_______): (present your closing argument) Judge: Defense, you may proceed with your closing argument. Defense (___________): (present your closing argument). Judge: The court will now take a recess.

JPMiraflor doc/[email protected]

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