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Oral Hearings


General Rounds
42. There shall be two general oral rounds of the Competition. Each team shall argue once in each general round as the Prosecutor and as the Defendant respectively.
 
43. The Organizing Committee will determine which Prosecutor and Defendant teams will meet each other in the general rounds of the Competition by means of a random draw conducted on or before 6th February 2013. No team shall compete against the same team twice in the general rounds.
 
44. After the draw has been conducted, the Secretary/Assistant Secretary(ies) shall forward each team’s memorial to the judges who will adjudicate that team’s oral hearings in the general rounds of the Competition.
 
45. The Secretary/Assistant Secretary(ies) will distribute to the respective contact persons by email copies of memorials of the opposing teams, pursuant to Rule 19, at least fourteen days before the general rounds, on or before 28th February 2013. Hard copies of the same memorials will also be available at request at the Briefing Session as mentioned in Rule 3.
 
46. Any team that is unable to receive the memorials of its opposing teams should check with their respective contact person first, while the contact person should notify the Secretary/Assistant Secretary(ies) for arranging an alternative method of distribution.
 
Quarter-Final Round
47. There shall be a quarter-final round of the Competition. The eight (8) teams with the highest average scores in the general rounds (calculation pursuant to Rule 78) shall enter the quarter-final round.
 
48. The Organizing Committee will determine the role to be played by the eight (8) teams (Prosecutor or Defendant) by means of a random draw in the evening of 14th March 2013 after results of the general rounds have been computed. The Secretary/Assistant Secretary(ies) will then announce the random draw and the pairing results, and make available a copy of each team’s memorial to its opposing team.
 
Semi-Final and Final Rounds
49. There shall be a semi-final and a final round of the Competition. The court will determine eligible teams to enter these two rounds of the Competition (refer to Rule 82).
 
50. The four (4) winning teams of each pair of opposing teams of the quarter-final round will enter the semi-final round. The Organizing Committee will determine the role to be played by the four (4) teams (Prosecutor or Defendant) by means of a random draw in the evening of 15th March 2013 after completion of quarter-final round. 
 
51. The two (2) winning teams of each pair of opposing teams of the semi-final round shall enter the final round. The Organizing Committee will determine the role to be played by the two (2) teams (Prosecutor or Defendant) by means of a random draw in the afternoon of 16th March 2013 after completion of semi-final round.
 
Download Proceeding Mechanism of Competition
 
52. In the quarter-final, semi-final or final rounds, the teams may play the same or a different role as in the preceding rounds. They may also compete against teams which they have met in previous rounds.
 
Proceedings before the court
53. Each team shall consist of a first counsel and a second counsel, as designated by the team or the relevant participating institution.
 
54. In the event that a team fails to appear for a scheduled oral hearing, the round of the Competition in concern will proceed as an ex parte hearing in the following order:
i.
A court clerk will confirm the presence of both teams.
ii.
If one team is absent, the court clerk will inform the judges and notify the Secretary/Assistant Secretary(ies).
iii.
Once the Secretary/Assistant Secretary(ies) has been notified, the court clerk will then call the moot number pertaining to the absent team two times inside and two times outside the court room with an interval of 30 seconds each.
iv.
If the team whose number is called fails to appear, the court clerk will announce to the court that there is no appearance by the team called.
v.
In a general round, the oral hearing will then proceed as an ex parte hearing. The team appearing will receive the score pursuant to Rule 78.
vi.
In the quarter-final or semi-final rounds, the oral hearing will then proceed as an ex parte hearing. The appearing team will move automatically to the next round.
   
55. In the event that only one counsel of a team presents for a scheduled oral hearing, the court clerk will notify the Secretary/Assistant Secretary(ies). Once the Secretary/Assistant Secretary(ies) has been notified, the court clerk will announce the start of the oral hearing. The oral hearing will proceed on the following basis:
i.
The counsel of the team appearing alone shall speak in the oral hearing and receive an individual score from the judges pursuant to Rule 77. This score shall be taken into for the award of the Best Mooter pursuant to Rule 85. He shall speak in the order pursuant to Rule 64.
ii.
There will be no rebuttal or surrebuttal.
iii.
In the general rounds, the team with only one counsel will forfeit all scores as a team for that round of the Competition. The opposing team with both counsel present will be heard and scored as provided in the rules.
iv.
In the quarter-final and semi-final rounds, the team with both counsels will move automatically to the next round.
   
56. Each team member shall refrain from disclosing the name of his or her institution at all times until the announcement of the results of the general rounds. Team members or any person associated with a team shall also refrain from disclosing the name of his or her institution to any person acting as a judge whether during or outside the hearings until the announcement of the final results of the competition. Disclosure may subject the team members concerned to a deduction of a fixed mark of 10 from the total score out of 200 from each of the team member’s overall score, and in turn affect the team’s score out of the total of 400 in each of the oral hearings, pursuant to Rule 77.
 
57. Each team shall speak for no more than 40 minutes. The first counsel and the second counsel for each team shall each speak individually for a minimum of 15 minutes.
 
58. Each team may reserve up to 10 minutes for rebuttal (in the case of a Prosecutor team) or surrebuttal (in the case of a Defendant team).
 
59. The scope of the Prosecutor’s rebuttal is limited to responding to the Defendant's oral hearings, and the scope of the Defendant's surrebuttal is limited to responding to the Prosecutor's rebuttal.
 
60. Each team shall indicate at the beginning of its oral argument, how long each counsel will speak and how much time it intends to reserve for rebuttal or surrebuttal.
 
61. Either the first counsel or the second counsel may address the court in rebuttal or surrebuttal. For the avoidance of doubt, the time reserved for rebuttal or surrebuttal is not included in the minimum time for each counsel to speak as specified in Rule 57.
 
62. The court may, in its discretion, extend the time for each counsel for good cause, provided that the maximum extension of time granted to any counsel shall not exceed 5 minutes. In the final round, the maximum extension of time granted to any counsel is at the discretion of the Court.
 
63. Time shall be kept by a court clerk, who will warn counsel by appropriate means when they have:
i.
5 minutes left;
ii.
1 minute left;
iii.
to conclude their address forthwith.
   
64. The order of the oral hearings shall be: 
i.
Prosecutor’s first counsel;
ii.
Prosecutor’s second counsel;
iii.
Defendant’s first counsel;
iv.
Defendant’s second counsel;
v.
Rebuttal, if any (Prosecutor’s first or second counsel);
vi.
Surrebuttal, if any (Defendant’s first or second counsel).
   
65. All oral hearings are open to the public. Subject to venue capacity, the Organizers may limit the number of spectators in a room in all rounds of the Competition. The presence of team coaches or other spectators affiliated with a team is permitted in a courtroom during an oral hearing in which that team is competing.
 
66. Every courtesy shall be given to oralists during oral hearings. Communication at the counsel table shall be in writing to prevent disruption, and teams and spectators shall avoid all unnecessary noise or other inappropriate behavior which distracts from the argument in progress.
 
67. Team members seated at the counsel table shall not be permitted to communicate with spectators, or with any other external person except the judges. Without limiting the foregoing, with respect to teams that have a researcher, counsel shall not be permitted to communicate with the researcher during the oral hearings and the researcher shall not be permitted to sit with counsel at the counsel table.
 
68. Team members or persons directly associated with any team may only attend the general rounds in which their team is competing.
 
69. Scouting is prohibited. Persons directly associated with any team shall not attend or record an oral hearing involving one or more teams against which their team may compete in the subsequent rounds.
 
70. Violation of Rules 68-69 should be brought to the attention of the Secretary/Assistant Secretary(ies) immediately, without disturbing the oral hearing, or immediately after the oral hearing is finished. The team concerned may be subject to a mark deduction at the discretion of the Organizing Committee.