Mooting Etiquette Guide

Mooting simulates an appeal court. Students taking part are presented with a hypothetical fact scenario and grounds of appeal.

They research and prepare a persuasive legal argument in writing (called a submission) detailing why their client should succeed in the appeal. Then they present their submissions orally in front of a Judge/Arbiter, who may ask questions about their submission. Students are judged based on the persuasiveness of their written and oral submissions, knowledge of the law, style of presentation, and their ability to deal with questions from the judge.

Mooting gives students the opportunity to practice and improve their skills in a courteous, encouraging and professional environment.

General Etiquette

• Aim to arrive at the designated meeting spot least 5-10 minutes before the specified time.
• Be courteous to your fellow competitors as well as the judge and judge’s associate
• When addressing the court, you should remain behind the desk
• When you are not addressing the court, you must remain seated in your place at the counsel table.
• You should not indicate your opinion of what is being submitted (or the decision of the Bench) by using facial gestures or other non verbal displays.
• Do not speak with your partner while the other side is presenting.
• Avoid excessive gestures and movement while presenting your submissions. Some gesturing is good to emphasis your points, but don’t overdo it.
• Avoid condescending comments and theatrical presentation.
• No two counsel should be standing at the same time.
• No food, drink or tobacco should be consumed while the Court is in session (including lollies and chewing gum). Please note that water is usually provided for competitors by the judge’s associate.

Attire

• Wear a dark suit, with a collared shirt.
• If you have long hair it is best to tie it back away from you face. If you have short hair, it is also important to ensure it looks neat.
• Any jewelry worn should be minimal.
• If you choose to wear a tie, make sure to avoid novelty ties.
• Footwear should generally be enclosed
• The guiding rule is to dress conservatively, probably more so than you would usually dress. This is to ensure the judge’s attention remains on your submissions rather than your outfit.

Position

The respondent or defendant sits on the judge’s right and the appellant or plaintiff sits on the judges left.

Addressing the Judge

Judges of the subordinate courts are addressed as "Tuan" or "Puan" (Sir or Madam), or Your Honour, while judges of the superior courts are addressed as "Yang Arif" (lit. "Learned One") or My Lord/Lady and Your Lordship/Ladyship if the proceedings, as they generally are in the superior courts, are in English.


Addressing the Mooters

Mooters on your own team should be referred to as ‘my colleague’ or ‘my learned colleague'. Mooters on the opposing team are known as ‘opposing counsel’ and should be referred to as ‘my friend’ or ‘my learned friend’.

Opposing counsel should never be addressed directly. They should always be addressed through the bench. For example ‘my learned friend stated that...’


Starting a Moot

The judge’s associate will announce the judge is about to enter. Everyone should stand. The judge walks in and takes their seat. The judge will then indicate that you should sit. Do not sit until the judge says you may sit. It is better to still be standing than to sit down to early.

The judge will ask for appearances. Appearances are your opportunity to tell the judge who you are and who you are appearing on the behalf of, your client.

The counsel for the appellant appears first. The senior counsel stands up and says:

“May it please the Court, my name is Muhammad Firdaus and I appear with my learned junior Nik Hasni for the appellant Big Keparation.”

Then Appellant counsel may sit. The counsel for the respondent goes next. The senior counsel stands and says:

“May it please the Court, my name is Nurul Amira and I appear with my learned junior Muhammad Faris for the respondent Fatimah Binti Senget.”

The respondent’s counsel may sit.

Order of Speaking

After appearances the mooters will speak in the order shown below. Each person will speak for about 20 minutes. The order and time may vary with particular moots.

Opening your case

You should start your submissions with a brief statement which is catchy, concise and reflects the central idea of your argument.

Example 1: Senior Counsel for the appellant

“Your Honour, this case involves the protection of vulnerable people from harsh contractual terms. The law should afford protection to those who may be taken advantage of.”

Example 2: Senior Counsel for the respondent

“Your Honour, it is a fundamental rule of contract law that people should be held to their contractual obligations. A person cannot enjoy the benefits of a contract and then attempt to avoid the responsibilities”

You should then go onto your main submissions on behalf of your client.


Conducting your submission

There are several aspects to conducting a successful and engaging submission.

The content and style of your written and oral submissions are important. This topic is dealt with in another publication as it warrants separate consideration.

Learning to communicate and relate to moot judges’ is also essential. We have outlined some approach judges’ questions and interact with them respectfully.

There are also some general guidelines on etiquette you should keep in mind when conducting your submission.


Interacting with Moot Judges

Always try to make eye contact with the judge during your submission, even if they are not asking you any questions. This makes you look more confident as a speaker and more knowledgeable about your arguments.

When the judge asks you a question, do not avoid it. Instead you can answer in one of two ways:

1. Try to answer them directly and immediately even if it means dealing with your submissions in a different order to the one you intended
2. Advise the judge you are planning to cover the point later, but still give them the option to hear your submissions on the point straight away

Example :

Judge: “Yes, but have you considered the authority Donoghue v Stevenson?”

Mooter: “Yes your Honour, I will deal with this later in my submission but if you would prefer I deal with this point now.”

Generally, you should avoid asking the judge if they have any questions. However, when the judge has asked you a question or series of questions, it may be appropriate to say “if your Honour has no further questions I will move onto the next point of my submission”.

If you do not understand or did not hear a question, it is okay to ask the judge politely to repeat or clarify the question

Examples :

"I’m sorry your Honour, I did not quite hear your question, would you mind repeating it please?"

"Would your Honour please rephrase the question? I’m afraid I did not fully understand it."

Don’t pretend to know all the answers - when asked a question, never reply “With respect your Honour … the answer is this”.

Never EVER speak over a judge. The moment they open their mouth, you close yours.


Finishing a Moot

Once everyone has completed their submissions, sit and wait for the judge to dismiss you before leaving the court room. When you are dismissed, you may wish to shake hands with the opposing counsel before leaving the room.

The result of the moot is usually announced in front of all competitors in a designated meeting place.