ADVANCED SKILLS TRAINING AUGUST 8-12, 2012 EXPANDED AGENDA/ASSIGNMENTS Resource Materials. Each trainee should read Nita City Housing Authority v. Ladonna Johnson and the relevant sections of Mauet, Trial Techniques, and Imwinkelried, Evidentiary Foundations, when preparing the exercises and problems designated below. WEDNESDAY, AUGUST 8, 2012 9:00 10::00 VOIR DIRE DEMONSTRATION AND DISCUSSION Douglas Chaves, Corpus Christi, Texas, for Nita City Housing Authority Brian O Neill, St. Paul, Minnesota, for Ladonna Johnson Moderator: James Virtel, Armstrong Teasdale, Clayton, Missouri 10:00 12:00 EXHIBIT EXERCISES Circuit Judge David Mason, St. Louis, Missouri James Lemonds, Brown & Crouppen, St. Louis, Missouri Prepare the following exercises: PROBLEM PROPONENT OPPONENT 1 B A 2 A B 3 A B 4 B A 5 A B 6 B A 7 B A 8 A B - v -
1:00 2:00 DEMONSTRATION OF OPENING STATEMENT Elizabeth Mulvey, Boston, Masschusetts, for Nita City Housing Authority 2:00 4:00 OBJECTION EXERCISES Eugene Pettis, Fort Lauderdale, Florida, for Ladonna Johnson Judge Mason Jim Lemonds 4:00 5:00 DEMONSTRATION OF DIRECT AND CROSS-EXAMINATION Elizabeth Mulvey for Nita City Housing Authority Eugene Pettis, Fort Lauderdale, Florida, for Ladonna Johnson Witness: Ernest Comstoke THURSDAY, AUGUST 9, 2012 9:00 11:00 VOIR DIRE EXERCISES A and B Attorneys: Conduct a voir dire examination of prospective jurors and exercise peremptory and for cause challenges. 11:00 12:00 OPENING STATEMENT EXERCISES 1:00 2:00 (Maximum Time 10 minutes per side) B Attorneys: A Attorneys: Judge Mason Jim Lemonds Present an opening statement to jury for plaintiff. Present an opening statement to jury for defendant. - vi -
2:00-5:00 DIRECT AND CROSS-EXAMINATION EXERCISES Trainer: Video Reviewer: Judge David Mason Jim Lemonds Assume that the plaintiff has called Rachel Longly as its second witness. "B" Attorneys: For the plaintiff, conduct the direct examination of Rachel Longly, and any necessary re-direct examination. "A" Attorneys: For the defendant, conduct the cross examination of Rachel Longly. Assume that Ernest Comstocke has been called as the third witness for plaintiff. FRIDAY, AUGUST 10, 2012 "B" Attorneys: For the plaintiff, conduct a direct examination of Ernest Comstocke and any necessary re-direct examination. "A" Attorneys: For the defendant, conduct a cross-examination Ernest Comstocke. 9:00-10:00 DEMONSTRATION OF EXAMINATION OF EXPERT WITNESS Brian O Neill for Ladonna Johnson Douglas Chaves for Nita City Housing Authority Witness: Anne Stockbridge 10:00-12:00 DIRECT AND CROSS-EXAMINATION EXERCISES 1:00 4:00 Trainer: Judge David Mason Video Review: Jim Lemonds Assume that Elroy Johnson has been called as an adverse witness for Nita City Housing Authority. Remember to advise the Court you are calling the witness as an adverse witness pursuant to 2-1102 of the Illinois Code of Civil Procedure, which is found in the Appendix. - vii -
"B" Attorneys: For the plaintiff, conduct an examination of Elroy Johnson as an adverse witness. "A" Attorneys: For the defendant, conduct any examination necessary to clarify Elroy Johnson's testimony. Assume that Rachel Longly has been called as the first witness, as an adverse witness for Ladonna Johnson. Remember to advise the Court you are calling the witness as an adverse witness pursuant to 2-1102 of the Illinois Code of Civil Procedure, which is found in the Appendix. "A" Attorneys: For the defendant, conduct an examination of Rachel Longly as an adverse witness. "B" Attorneys: For the plaintiff, conduct any examination necessary to clarify Rachel Longly s testimony. Assume that the plaintiff has presented her case and that the defendant, Ladonna Johnson, has been called as her own second witness. "A" Attorneys: For the defendant, conduct the direct examination of Ladonna Johnson, and any necessary re-direct examination. "B" Attorneys: For the plaintiff, conduct the cross-examination of Ladonna Johnson. Assume that Elroy Johnson is called as the third witness for defendant. "A" Attorneys: For the defendant, conduct the direct examination of Mr. Johnson, and any necessary re-direct examination. "B" Attorneys: For the plaintiff, conduct the cross-examination of Mr.. Johnson. 4:00-5:00 DEMONSTRATION OF CLOSING ARGUMENT Douglas Chaves for Nita City Housing Authority Brian O Neill for Ladonna Johnson - viii -
SATURDAY, AUGUST 11, 2012 Judge David Mason Jim Lemonds 9:00-12:00 EXPERT WITNESS EXERCISES Assume the case is at trial and that Lieutenant James Wherder has been called as an expert witness on behalf of plaintiff. "B" Attorneys: For the plaintiff, conduct a direct examination of Lt. Wherder limited to his qualifications as an expert witness. "A" Attorneys: For the defendant, cross-examine Lt. Wherder concerning his qualifications as an expert witness. "B" Attorneys: For the plaintiff, conduct the direct examination of Lt. Wherder, other than his qualifications as an expert witness, and any necessary re-direct examination. "A" Attorneys: For the defendant, conduct the cross-examination of Lt. Wherder, other than as to her qualifications as an expert witness. Assume the case is at trial and that Anne Stockbridge has been called as an expert witness on behalf of defendant and qualified as an expert witness. "A" Attorneys: For the defendant, conduct a direct examination of Anne Stockbridge limited to her qualifications as an expert witness. "B" Attorneys: For the plaintiff, cross-examine Anne Stockbridge concerning her qualifications as an expert witness. "A" Attorneys: For the defendant, conduct the direct examination of Ms. Stockbridge, other than her qualifications as an expert witness, and any necessary re-direct examination. "B" Attorneys: For the plaintiff, conduct the cross-examination of Ms. Stockbridge, other than as to her qualifications as an expert witness. - ix -
2:00-5:00 CLOSING ARGUMENT EXERCISES (Maximum Time-15 minutes per side) Judge Mason : Jim Lemonds SUNDAY, AUGUST 13, 2012 "B" Attorneys: Prepare and present a closing argument to jury for the plaintiff. You must reserve part of your time for rebuttal. "A" Attorneys: Prepare and present a closing argument to jury for the defendant. 1:00-5:00 MOCK TRIALS AND CRITIQUE Judges: Judge David C. Mason (Courtroom) Jim Lemonds (Jury Room) Teams of attorneys will conduct jury trials of the case, and be critiqued by the judges. "B" Attorneys: Represent the Plaintiff at the trial. Conduct direct and crossexamination of witnesses and present opening statement and closing argument to jury. Introduce into evidence expert's written statement, his police report, and statement he took from Elroy Johnson, whose admissibility have been stipulated, and two other exhibits. Call the following witnesses: Rachel Longly Ernest Comstoke "A" Attorneys: Represent the Defendant at the trial. Conduct direct and crossexamination of witnesses and present opening statement and closing argument. Introduce into evidence written statement of expert witness, Anne Stockbridge, and two other exhibits. Call the following witnesses: Ladonna Johnson Elroy Johnson - x -
GENERAL RULES FOR TRIAL 1. Each case is tried by a judge provided by the Program. Trials begin at 1:00 p.m. sharp. 2. Opening statements will be limited to a maximum of 10 minutes per side. 3. Closing arguments (summation) will be limited to a maximum of 15 minutes per side. 4. The plaintiff must reserve part of its 15 minute summation for rebuttal. 5. Each party has approximately 60 minutes, exclusive of opening statement and closing argument, to present their direct case and to cross examine opposing witnesses. 5. Time limits are to be strictly enforced. Time spent on lengthy arguments and objections during the trial are counted against the objecting party, in the discretion of the time keeper. 6. No attorney may do either both the direct examination of his or her client and the closing argument. 7. Each attorney partner will do one direct examination and one cross examination. 8. Each attorney must present an opening statement or a closing argument. 9. The attorney partner responsible for examining a witness shall also be responsible for objecting during examination of that witness by the opposing attorney. 10. All witnesses assigned to a side must be called. 11. Experience has shown that participants severely underestimate the time needed for the direct examination of their witnesses. This results in their having no time remaining to cross examine the other side's witnesses or to put on their final witnesses. Therefore, all counsel need to streamline their examinations to make sure they are concise and to the point. 12. We are guests of the law school where final trials are being held. Please leave the rooms clean and the furniture in the place where you found it. Take your exhibits and papers with you. SPECIAL TRIAL INFORMATION: Prior to trial the parties have stipulated to the admission into evidence Lt. Wherder's written statement, his police report, and the statement he took from Elroy Johnson, and Anne Stockbridge s written statement.. - xi -
TIME SCHEDULE 12:45 Arrive and report to the courtroom. 1:00 1:20 Opening statements. 1:20 2:30 Plaintiff witnesses 2:30 2:45 Recess 2:45 4:00 Defense witnesses 4:00 4:30 Closing arguments 4:30 5:00 Critique by judge. - xii -