2020 ALL STAR NATIONAL CHALLENGE

EAST MEETS WEST ONLINE TRIAL ADVOCACY

COMPETITION

NOVEMBER 5-7, 2020

Local Rules

All Star National Competition

1. Overview (All Star National Competition)

A. The tournament is November 5-7, 2020.

B. The host committee includes A.J. Bellido de Luna (St. Mary’s University School of

Law), Justin Bernstein (UCLA School of Law), Megan Chaney (Nova Southeastern

University College of Law), Carlos Concepcion (InterAmerican University of Puerto

Rico School of Law), Frankie DiGiacco (University of San Diego School of Law), Sean

McGuinness and Ryan O’Neill (Quinnipiac University School of Law), Nicole

Montagnet (Loyola University New Orleans College of Law), and Spencer Pahlke

(University of California Berkeley School of Law). The host committee has discretion to

interpret these rules and amend these rules as necessary to address situations not

presently covered by these rules, including changes in national, state, and/or local health

and safety guidelines. The host committee’s decisions are final.

C. Each school will have four preliminary trials. Between rounds one and two, teams will

switch sides of the case. Between rounds three and four, teams will switch sides of the

case. Thus, each team will represent each side twice during the preliminary trials with

two as the government and two as the defense. Four teams will advance to semifinals.

D. For the first three trials, opponents will be assigned randomly and before the tournament

begins.

E. In round four, the teams will be assigned as follows:

1. Teams will be divided into two groups: those that need a second trial as prosecution,

and those that need a second trial as defense. Within each group, teams will be

ranked as follows:

a. Trials won (winning a trial means winning a majority of the three scored ballots)

b. Ballots won (out of 12)

c. Margin of victory (point differential)

d. Strength of schedule (ballots won by one’s opponents)

e. Total points

f. Coin flip

2. The top four teams that need a second trial as prosecution will face the top four teams

that need a second trial as defense: P1 v. D4, P2 v. D3, P3 v. D2, and P4 v D1. These

rounds operate as “blind quarterfinals”: they are quarterfinals because the team that

wins a majority of ballots in each trial will advance to the semifinal, and they are

blind because these trials will not be identified as quarterfinals until the

announcement of semifinalists.

3. The remaining teams will be paired high-high using the same criteria: P5 v. D5, P6 v.

D6, etc. Though they cannot advance to the semifinals, these teams remain eligible

for team awards and individual awards.

4. Notwithstanding the rules above, no two teams may face each other twice in the first

four trials.

F. The four winners of the quarterfinals will advance to a single elimination bracket for the

remaining two rounds. In the semifinal round, if the teams have faced previously, they

will reverse sides; if not, the host will assign sides randomly (by coin flip). In the final, if

the teams faced previously, they will reverse sides; otherwise, the team that has

represented defense fewer times shall represent defense; if both teams have represented

defense side an equal number of times, the host will assign sides randomly (by coin flip).

G. The top 16 schools will receive recognition.

H. All trials will occur by Zoom.

I. The registration fee is $600, which must be submitted by August 3, 2020 by check or

credit card. Schools that withdraw will not receive a refund.

2. Team Composition

A. A team consists of either four or five law students attending the same participating law

school. For the purposes of these rules, a law student is a person enrolled during the

semester or quarter of the competition. Only candidates for a J.D. may compete. LLM

students are not eligible.

B. After a team’s first preliminary trial begins, team members may not be substituted, except

for good cause, such as death, severe illness, or other uncontrollable circumstances. A

team must obtain written approval to substitute a team member.

C. In every trial, two team members will serve as attorneys and two other team members

will serve as witnesses. In each trial, each attorney must perform one direct examination,

one cross examination, and one speech (opening or closing). An attorney may only

object to a witness examination if she is also examining that witness and may only object

to a speech if she is performing the opposing speech (e.g., only the person crossing the

defendant may object to the defendant direct, and only the attorney who opens for the

defense may object to the prosecution opening).

D. The team may have a fifth student serve as a trial technician responsible for technology

needs, such as display of exhibits, or it may assign those responsibilities to one or more

of the other four members.

E. Subject to provisions in these rules, participating teams determine which team members

perform the specific roles in each round, and those determinations may change from trial

to trial.

F. Each team must have a coach/advisor – who is a licensed attorney or holds a J.D. –

available from the coaches meeting until the conclusion of all trials. Should a team not

comply with this requirement, the team will be permitted to compete, but will

automatically forfeit all rounds, will not be permitted to advance beyond the preliminary

rounds, and will not be permitted to protest or defend a protest.

G. Each team will receive a unique identification number. Teams should use their number,

and never their school name, when identifying themselves to judges.

H. Before the tournament, teams will announce the gender pronouns of their witnesses and

those identifications will be provided to all teams.

3. Schedule

A. The case problem, United States v. Oski, will be released by August 31, 2020.

B. Please report errors and clarification requests to allstarchallenge2020@gmail.com by

noon PDT September 14, 2020. Please report any questions regarding these rules by the

same date and time. By September 30, 2020, we will release a revised version of the case

and these rules. In an effort to provide finality to all teams as they prepare, issues raised

after September 15, 2020 are unlikely to be addressed.

C. On October 25, 2020, we will draw and announce the matchups for the first three

preliminary rounds in the All Star National Competition.

D. By October 28, teams must submit their rosters and roles.

E. On November 1, 2020, we will hold a coaches’ meeting. Each of the competing schools

must have at least one coach in attendance.

4. Case Problem

A. The case problem used for this tournament is copyrighted and may not be used for

purposes other than its intended use without the express written consent of the author.

Teams may not download any portion of this case problem to any website without the

express written approval of the author.

B. The case problem will be distributed via a Google Drive link.

C. The persons, organizations, and events depicted in this problem are fictional and were

prepared solely for the educational exercise of this tournament. Any resemblance to

actual persons, living or deceased, is unintentional and purely coincidental.

D. The Federal Rules of Evidence and the Federal Rules of Criminal Procedure will control

unless stated in the problem or otherwise modified by the rules. Otherwise, no legal

authorities may be cited during trial except those included in the case problem.

E. All case materials will be treated as originals and authentic. All handwriting and

signatures should be considered authentic. All documents that appear to have been sent

to, or by, a witness are to be considered as having been sent or received by that witness.

Witnesses must authenticate exhibits and materials with which they are familiar.

F. The pretrial order will dictate the sequence in which witnesses must be called.

G. The case will include housekeeping instructions and a pretrial order.

5. Judges/Evaluators

A. Members of the bench and bar will serve as presiding judges and evaluators. The host

committee will make every reasonable effort to provide a panel of three or more

evaluators for each round.

B. If a trial includes more than three evaluators, the host committee will decide before the

trial, but will not announce to the competing teams, which three ballots will count toward

the results. The presiding judge is eligible to have a ballot.

C. If a trial has only two evaluators, their scores will be averaged to create a third ballot. If

their averages create a tie, the presiding judge's ballot will break the tie with an additional

point.

D. Evaluators will assign a score of 1-10, with 10 being best, to each of six performances:

opening statement, two direct examinations, two cross-examinations, and closing

argument. Each team can score a maximum of 60 points per trial. Evaluators will be

asked to ensure their ballots do not result in a tie, but to resolve any ties, evaluators will

be asked to identify the team that had superior advocacy skills. Their answer to that

question will count if and only if the ballot is otherwise tied.

E. The evaluator orientation will be conducted online, and a recording will be made

available to all teams.

6. Conduct of Trials

A. This tournament adopts the Modified Model Rules of Conduct for Mock Trial

Competitions (are attached to these Local Rules). In instances where the Model Rules

and these Local Rules conflict, the Local Rules control.

B. The pretrial order will specify the number of minutes each party has to present its case.

This limit includes time spent on housekeeping, making and responding to motions,

examining witnesses, presenting opening statement or closing argument, and reading

deposition testimony or other evidence into the record. It does not include time spent

arguing objections; the clock stops for objections. No housekeeping or motions in limine

are permitted.

C. Zoom Rules

1. The host committee will coordinate all trials by Zoom.

a. The host committee will provide a bailiff for each trial.

b. To the extent teams choose to meet-and-confer before trial, the host does not

coordinate such conferences, though the Host will make teams’ contact

information available. Teams should avoid using the Zoom courtrooms for any

pretrial conferences, as judges and evaluators may arrive early.

2. Teams’ Setup

a. Except as expressly limited by these rules, teams may set up their space and use

whatever technology they wish in whatever manner they wish. The host

committee will provide teams with recommendations about how to set up their

“courtrooms” and how best to use the technology provided.

b. Witnesses must be seated unless given permission by the presiding judge to stand.

c. Teams may not have on screen (1) anything that identifies their school, state,

region, or demonstrates any affiliation to an organization (whether or not

associated with a school), or (2) trophies or any other indicia of competition

success.

d. During trial, no two team members may be in the same room.

e. Teams may not use teleprompters or any script-scrolling devices or applications.

3. Signing in to Zoom

a. Teams will receive a Zoom link to their trials. All team members must sign in at

least 15 minutes before trial.

b. Teams may provide the link to family, friends, and classmates so that they may

observe the trials in which their team is participating, but teams are responsible

for ensuring that their attendees know and comply with all Local Rules.

4. Naming

a. Attorneys’ screen names must identify their party, team number, and name. For

example, the screen name is “Pros–104–Leighty.”

b. Witness screen names must identify only the party and the witness character’s

name. For example, if Danielle Craig plays defense witness Jamie Bond, her

screen would be, “Def—Bond.”

c. If teams have a fifth team member acting as a trial technician, that student should

never appear on screen. Just in case, though, that student’s screen name must

state their role and party: for example, “Pros–Tech.”

d. Coaches and observers will never appear on screen. However, in the abundance of

caution a coach’s or observer’s screen name should be “Coach” or “Observer.”

5. Audio and Video

a. Attorneys must mute their audio except when performing. For example, a

prosecutor should mute her audio during the defense opening and during the

defendant direct examination.

b. Attorneys may never disable their video except during a recess. Bailiffs will be in

charge of video display and will generally attempt to display participants in this

manner:

(a) During appearances, housekeeping, and motions, the presiding judge and all

attorneys generally will be visible.

(b) During opening statement and closing argument, the attorney speaking will be

visible, unless an objection is raised, in which case the presiding judge and the

objecting attorney will also be made visible for the duration of any discussion

of the objection.

(c) During examination of a witness, the presiding judge, the testifying witness,

and the two attorneys who will examine the witness will be visible.

c. Team members acting as trial technicians should mute their audio and disable

their video at all times.

6. Technical Difficulties

a. Internet interruptions are inevitable. For momentary lapses or lags, remedies are

unnecessary.

b. If a team has a significant technical problem, please pause the trial and notify the

bailiff immediately. If the bailiff is unable to resolve the issue, or if the bailiff is

having a technical difficulty, contact the host immediately.

c. Judges will be asked not to submit their ballots if, for whatever reason (including

problems with their Internet), they have not had a meaningful ability to evaluate

each scored function of the trial.

7. Recording/Livestreaming

a. Teams may not record their trials.

b. The bailiffs will be responsible for recording all trials, and the host committee

intends to make recordings available to teams after the tournament.

c. The host committee plans to livestream the championship round.

d. No video or audio recording by teams or spectators are permitted. A student’s

decision to participate in the tournament constitutes consent to be recorded on

videotape or in photographs. As a condition of publication and for no monetary

compensation, this consent grants the host committee, and all of its law schools,

the nonexclusive worldwide rights to reproduce, distribute, and sell any visual

material in connection with the student’s participation, in whole or in part, in any

media, as part of a course book or any other publication and to license these rights

to others. Consent also grants the host committee, and all of its law schools, the

right to use student’s name, voice and image in connection with the published

tournament materials.

D. Course of the Trial

1. The trial will be treated as a jury trial. The presiding judge shall rule on all issues

throughout the trial, but there will be no ruling by the presiding judge that precludes

the trial from being presented to conclusion.

2. The case problem will include charges and jury instructions. Teams may not amend,

object to, or propose changes to the charges or jury instructions during trial.

3. Trial will proceed as follows:

a. The presiding judge and the scoring evaluators will enter the room, and a bailiff

will open court and confirm that judges have no conflicts.

b. The attorneys state appearances.

c. The prosecution opens, and then the defense opens.

d. The prosecution calls two witnesses.

e. The court recesses. The parties may not seek a recess longer than five minutes.

f. The defense calls two witnesses.

g. Unless provided for by stipulation, no party may present a rebuttal case.

h. The court recesses. The parties may not seek a recess longer than five minutes.

i. The prosecution closes, the defense closes, and the prosecution may give a

rebuttal if time permits. Rebuttal is limited to the scope of the defense closing.

The prosecution need not ask to reserve rebuttal time; it has the whatever time

remains, up to three minutes.

j. The evaluators complete and submit their ballots.

k. Once the host has confirmed that the ballots have been received, the evaluators

provide brief feedback.

4. Teams should avoid all references to this as a “mock” trial. If a team has to reference

these rules, they should call them the “Local Rules” and cite the rule number.

5. The bailiff will track time for both teams.

E. Evidence and Demonstrative Aides

1. The only items that may be offered into evidence during trial are the exhibits and

materials included in the case problem.

2. The presiding judge will have an electronic notebook of all case materials. Teams

should not assume that the other evaluators will have access to such materials. If

teams want jurors to see something, they must display it in on camera or via screen

share. Teams may not present documents to judges in any other manner (e.g., email).

3. Teams may use any demonstrative aids they wish as long as the demonstrative aids

are shown electronically. For example, teams may use PowerPoint slides that display

a timeline or a photograph of a generic pair of boots. They may not, however, hold

up a pair of actual boots on screen. (The rationale is that tournaments typically

restrict demonstrative aides for equity reasons: because the costs of creating

enlargements may be prohibitive to some teams. In an online competition, where all

competing teams have access to the Internet and free basic software, those concerns

no longer hold.)

4. The fact that the Local Rules permit demonstrative aides does not immunize such

demonstratives from evidentiary objections.

F. Communication

1. During trial, team members may only communicate with each other, the opposing

team, the judges/evaluators, and tournament officials. They may not communicate

with their coaches or anyone else.

2. Once trial begins, students performing as attorneys may not communicate with

witnesses except during recesses (and publicly, of course while the witness is

testifying).

3. This communication restriction applies from the moment the judges appear on screen

until judges complete their post-trial feedback. If the teams confer with one another

before trial, the coach-communication restriction begins then.

G. Scouting

1. Scouting is any effort to learn information about an opponent in advance. It includes

watching another team’s trials or speaking with those who did.

2. Scouting is prohibited.

3. This rule does not apply after a school is eliminated from the competition.

H. Witness Testimony

1. On direct examination, a witness is limited to the material facts contained in her

witness statement and any necessary inferences. A witness statement is the witness’s

affidavit, expert report, deposition, custodial interrogation transcript, etc. A

necessary inference is a fact which must be true if the facts in the witness statement

are true. This is much more limited than a “reasonable inference rule.” Judges will be

instructed to heavily penalize attorneys who engage in material invention of fact.

a. Example: An eyewitness states, “I saw a Chevy Camaro heading north on Main,

run the red light, and T-bone a Toyota Prius heading east through the

intersection.” These are necessary inferences: the front of the Camaro struck the

passenger side of the Prius, and the witness has the knowledge and ability to

identify these makes and models. Though some of these might be reasonable

inferences, they are not necessary inferences: the Camaro did not brake or slow;

the Prius had a green light; the witness is a car aficionado; the witness has

excellent vision; it was a bright, sunny day; the witness called 911.

2. Impeachment is the only in-trial remedy for perceived invention. There is no “outside

the record” objection. Because all witness statements include all relevant facts,

witnesses may never respond to an impeachment by stating, “I was not asked that

question” (or the equivalent).

3. On cross examination, witnesses must be responsive to the questions and respectful of

their opponent’s time limit. Where the truthful answer to a question is simply yes or

no, that should be the answer. Excessively long answers are bad faith behavior, and

judges will be instructed to penalize teams with “advocate witnesses.”

4. Because witnesses cannot be recalled, cross-examination is not limited to the

testimony on direct examination. This rule does not include re-cross examination.

5. Redirect examination is permitted.

6. Re-cross is permitted only if (a) to impeach the witness as to a contradiction or

invention testified to on redirect examination and (b) the attorney seeking to re-cross

first obtains leave to do so from the presiding judge upon an offer of proof.

7. Other than what is supplied in the problem itself, there is nothing about the

background information of any witnesses that would bolster or detract from their

credibility. Teams may not use the characteristics of the students portraying the

witnesses to bolster their cases (e.g., “You saw how small the defendant is. Could she

really have moved that 250-pound body?”).

7. Protests

A. Protests are a last resort and discouraged. Teams must attempt to resolve the dispute

during the trial or with their opponent before lodging a protest.

B. Protests may be lodged only by coaches/advisors. All protests should be lodged as soon

as possible and may be lodged no later than ten minutes of the conclusion of the trial in

question. Notification should be made by text message or phone call to ensure timely

notification. Before the tournament begins, teams will be given the name and contact

information of the person(s) with whom they must lodge any protests.

C. Protests will be adjudicated by members of the host committee, except those whose teams

are competing in the tournament.

D. The protest committee will evaluate if any offense has been committed and, if so, the

appropriate remedy. If a protest committee believes a protest was frivolous, it may

impose a remedy against the protesting team. The protest committee is authorized to

impose one or more of these remedies: warning; instruction to the judges; time deduction

for culpable team or time addition for the aggrieved team; point deduction; ballot

forfeiture; round forfeiture. Separate from the remedies imposed by the protest

committee, the host committee is authorized to disqualify teams that violate tournament

rules. A disqualified team is not entitled to a refund of its registration fee.