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An Academic Extra-Curricular Activity for High School Students
The Georgia High School Mock Trial Competition is a project of the Young Lawyers Division of the State Bar of Georgia
104 Marietta Street, NW; Suite 100; Atlanta, GA 30303 404/527-8779 or 800/334-6865 (ext. 779) Fax: 404/527-8717
www.georgiamocktrial.org [email protected]
Facebook: GeorgiaMockTrial Twitter: GA_MockTrial
Michael Nixon, Director/State Mock Trial Coordinator
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2017 Mock Trial Team Manual TABLE OF CONTENTS
ADA Compliance & Deadline Reminders ............................................................................................................. 5 Honor Roll of Georgia Champions ........................................................................................................................ 6 Prior Georgia Mock Trial Cases ............................................................................................................................ 7 Supporters of the GHSMT Competition ............................................................................................................... 8 YLD High School Mock Trial Committee ............................................................................................................... 9 Competition Rationale and Goals ...................................................................................................................... 11
The 2017 Case Materials 2017 Case Credits.......................................................................................................................................................... 12 Introduction .................................................................................................................................................................. 13 Stipulations ................................................................................................................................................................... 13 Witness Summary & Exhibit Summary ......................................................................................................................... 14 Complaint ...................................................................................................................................................................... 15 Answer .......................................................................................................................................................................... 17 Witness Statements ...................................................................................................................................................... 19 Exhibits .......................................................................................................................................................................... 47 Legal Authorities ........................................................................................................................................................... 65 Charge of the Court....................................................................................................................................................... 68
The 2017 Rules I. Rules of the Competition
A. The Problem ..................................................................................................................................................... 73 B. The Trial ........................................................................................................................................................... 74 C. Judging ............................................................................................................................................................. 81 D. Dispute Settlement .......................................................................................................................................... 84
II. Rules of Procedure A. Before the Trial ................................................................................................................................................ 86 B. Beginning the Trial ........................................................................................................................................... 86 C. Presenting Evidence .......................................................................................................................................... 86 D. Special Mock Trial Objections ........................................................................................................................... 86 E. Critique .............................................................................................................................................................. 87
III. Georgia High School Mock Trial Competition Rules of Evidence I. General Provisions ............................................................................................................................................. 87 II. Judicial Notice ................................................................................................................................................... 88 III. Presumptions in Civil Actions and Proceedings ............................................................................................... 88 IV. Relevancy and Its Limits ................................................................................................................................... 88 V. Privileges ........................................................................................................................................................... 89 VI. Witnesses ......................................................................................................................................................... 89 VII. Opinions and Expert Testimony ...................................................................................................................... 90 VIII. Hearsay ........................................................................................................................................................... 91 X. Contents of Writing, Recordings, and Photographs .......................................................................................... 93 XI. Miscellaneous Rules ......................................................................................................................................... 93
Competition Information Timekeeper Instructions & Time Card Use Chart.......................................................................................................... 94 Explanation of the Performance Ratings Used on the Mock Trial Ballot ...................................................................... 99
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All competition forms may be found behind the password protected portion of the TEAM INFORMATION page of the mock trial website
(www.georgiamocktrial.org)
Copyright © 2016 by the High School Mock Trial Committee of the Young Lawyers Division, State Bar of Georgia. All rights reserved. Permission to duplicate portions of this manual for non-profit educational purposes is hereby granted, provided
acknowledgement is given to the Georgia High School Mock Trial Committee, Young Lawyers Division, State Bar of Georgia.
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NOTICE OF MOCK TRIAL PROGRAM’S COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT REQUIREMENTS
If any team member has a disability and requires special assistance, special services, or printed materials in alternative formats in order to participate in the Georgia Mock Trial Competition, the Teacher Coach should contact the Mock Trial State Coordinator at 404/527-8779, 800/334-6865 (ext. 779) or [email protected] well in advance of the case release date or as soon as the student joins the mock trial team. There may be some delay in delivery of case materials in an alternative format if a coach does not inform the Mock Trial office of this request in a timely manner and well in advance of the case release date. At competition, it is not the intention of the High School Mock Trial Committee to disclose unnecessarily the special circumstances of any students; however, in some cases, limited disclosure is necessary to assure competition fairness. In such cases, disclosure will only be made to the extent necessary to assure fairness. Coaches with questions concerning the existence of any special circumstances should contact the Mock Trial office well in advance of competition day.
REMINDER OF DUE DATES
Team Member List (includes names of 4-Year Participants) ............................................ January 13, 2017 This form lists all young people on your team, including additional, non-competing members and timekeepers. All members must report birthdates. If you have new coaches since registration in October, please submit the Supplemental Team Coach Form. These forms are located under the Forms link in the Team Information section of the website and are to be sent to the Mock Trial office by the due date.
Trial Squad Roster Form ................................. Competition Date/Each Round (Regional, District & State) This form lists Prosecution/Plaintiff and Defense squads separately, identifying the roles played by competing team members. It must be prepared according to instructions and duplicated for distribution to opponents and judging panels in all rounds at competition. This form is located under the Forms link in the Team Information section of the website.
Code of Ethical Conduct/Team Roster Form ........................ Competition Date (Regional, District & State) All team members and coaches must sign this Code and deliver it to the trial coordinator at the trial site. This form is located under the Forms link in the Team Information section of the website.
District Champion Paperwork ...................................................................................... February 22, 2017 All required forms for State Finals are due BEFORE NOON on this date. Early submission of these materials is greatly appreciated. These forms will be provided to the appropriate teams in the Regional Champion at the end of the regional level of competition.
Attorney Coach CLE Form ................................................................................................ March 15, 2017 All attorney coaches wishing to receive CLE credit for coaching during the 2015 mock trial season must submit this form to the Mock Trial office. An attorney coach must coach at least 10 hours in order to be eligible for the credit. Contact the Mock Trial office with any questions. This form is located both under the Forms section on the Team Information and Volunteer pages of the Mock Trial website.
Outstanding Coach Award Nominations ............................................................................ April 15, 2017 Information about nominating a coach for an Outstanding Coach award may be found on the Mock Trial website on the Team Information page.
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Honor Roll of Georgia’s State Champion Mock Trial Teams
1988 – Jonesboro High School, Jonesboro .............................................. Dallas, TX (placement unknown*)
1989 – Brookstone School, Columbus ................................................ Louisville, KY (placement unknown*)
1990 – Brookstone School, Columbus ............................................................. Portland, OR (7th place—tie)
1991 – South Gwinnett High School, Snellville .................................................. New Orleans, LA (4th place)
1992 – Brookstone School, Columbus ................................................................... Madison, WI (11th place)
1993 – Crisp County High School, Cordele ................................................................ Atlanta, GA (9th place)
1994 – Northwest Whitfield High School, Tunnel Hill .............................................. Chicago, IL (15th place)
1995 – South Gwinnett High School, Snellville .......................................... Denver, CO National Champion
1996 – Redan High School, Stone Mountain ......................................................... Pittsburgh, PA (4th place)
1997 – Ware County Magnet School, Manor ........................................................ Nashville, TN (11th place)
1998 – Clarke Central High School, Athens ..................................................... Albuquerque, NM (6th place)
1999 – Clarke Central High School, Athens ............................................ St. Louis, MO National Champion
2000 – Henry W. Grady High School, Atlanta ...................................................... Columbia, SC (13th place)
2001 – Riverdale High School, Riverdale ..................................................................Omaha, NE (13th place)
2002 – Jonesboro High School, Jonesboro ............................................................. St. Paul, MN (10th place)
2003 – Jonesboro High School, Jonesboro ...................................................... New Orleans, LA (16th place)
2004 – Clarke Central High School, Athens ............................................................. Orlando, FL (23rd place)
2005 – Henry W. Grady High School, Atlanta ...................................................... Charlotte, NC (16th place)
2006 – Jonesboro High School, Jonesboro .................................................... Oklahoma City, OK (5th place)
2007 – Jonesboro High School, Jonesboro ................................................... Dallas, TX National Champion
2008 – Jonesboro High School, Jonesboro ..........................................Wilmington, DE National Champion
2009 – Henry W. Grady High School, Atlanta ........................................................... Atlanta, GA (8th place)
2010 – Henry W. Grady High School, Atlanta ................................................... Philadelphia, PA (3rd place)
2011 – Henry W. Grady High School, Atlanta ........................................................... Phoenix, AZ (4th place)
2012 – Henry W. Grady High School, Atlanta ................................................ Albuquerque, NM (2nd place)
2013 – Middle Georgia Christian Homeschool Association, Macon ................. Indianapolis, IN (35th place)
2014 – Jonesboro High School, Jonesboro ............................................................ Madison, WI (34th place)
2015 – Northview High School, Johns Creek ............................................................. Raleigh, NC (2nd place)
2016 – Jonesboro High School, Jonesboro ................................................................... Boise, ID (17th place)
*From 1983 until 1990, only the placement of the top four teams was announced during the national level of competition.
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Cases Used and Issues Studied in Previous Georgia Mock Trial Seasons
1988 – State v. Bryant ..................................................................... Drug Trafficking (Entrapment Defense)
1989 – Johnson v. Bowen ................................................................................................. DUI (Host Liability)
1990 – State v. Barrett ................................................................... Homicide (Battered Woman Syndrome)
1991 – Hills v. Midway School Board ............................................... Freedom of Speech in a School Setting
1992 – State v. Binder ........................................................................................................... Drug Trafficking
1993 – Alexander v. Cooper, Cook & Troy .......................................... Sexual Harassment in the Workplace
1994 – U.S. v. Remy ........................................................................................... Conspiracy to Import Drugs
1995 – Tenebrous v. Busy Bee Express .................................................................................. Personal Injury
1996 – State v. Foil .......................................................................................................................... Homicide
1997 – Ortega v. Brewster ................................................................................................... Wrongful Death
1998 – State v. Peterson ................................................................... Involuntary Manslaughter and Hazing
1999 – O’Riley v. Happy Daze Daycare Center ...................................................................... Personal Injury
2000 – State v. Brunetti .................................................................................................................. Homicide
2001 – Hamilton v. Sadler ....................................................................................................................... Libel
2002 – State v. Cunningham ..................................................................................... Homicide/Self-Defense
2003 – Schwinn v. Farnsworth ................................................................................ Comparative Negligence
2004 – State v. Finn ........................................................................................................................ Homicide
2005 – Fields v. Register ...................................................................................................... Wrongful Death
2006 – State v. Banks ........................................................................................................... Homicide/Arson
2007 – LaQuinta v. Hill.......................................................................................................... Wrongful Death
2008 – State v. Bryant ..................................................................... Drug Trafficking (Entrapment Defense)
2009 – Sadler v. Hamilton........................................................................................................... Tort/Battery
2010 – State v. Stafford ................................................................................................... Aggravated Assault
2011 – Greenwood v. Durden ........................... 42 USC § 1983 Action (Social Media & Freedom of Speech)
2012 – State v. Capulet .............................................................................................. Homicide/Self Defense
2013 – Cowell v. Roberts .................................................................................................. Negligence/Malice
2014 – State v. Pyke ......................................................................................................................... Homicide
2015 – Stuart v. Garfunkel Property Group ........................................ Negligent Hiring/Negligent Retention
2016 – State v. Talbot Berrien ........................................................................................................... Burglary
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Supporters of the Georgia High School Mock Trial Competition
From July 1, 2015 to June 30, 2016 We appreciate the generosity of those whose donations make possible the programs offered by the YLD High School
Mock Trial Committee. We welcome supporters and accept tax-deductible contributions through the State Bar of Georgia Foundation.
Major Grantors
State Bar of Georgia Young Lawyers Division of the State Bar of Georgia
Clayton County School District, Office of the Superintendent
Patrons
Bobby Cartwright
Benefactors
Sandra Carley Interiors, Decatur Clayton County Bar Association Penny A. Penn
Sponsors
Rebecca Y. Brown
Pam Ferguson
Bonnie Smith
The Shah Law Firm, Atlanta
Watts & Watts, Fayetteville
Friends
Kevin E. Epps
Nicole Golden
Nathan Lock
Lauren Mock
In-Kind Donors
Agan’s Bakery, Cartersville
Bartow County Bar Association, Cartersville
Cartersville Drug and Alcohol Testing, Peggy Bellew, Cartersville
Chick-fil-A Dwarf House, Joe Wilburn, Jonesboro
Cobb County Bar Association, Younger Lawyers Section, Marietta
Hardee’s, Cartersville
Darla McAfee
Terie Latala
Zaxby’s, Athens
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THE 2016-2017 HIGH SCHOOL MOCK TRIAL COMMITTEE Jennifer Mock, YLD President
Nicole Leet, YLD President-Elect
Adam Hebbard, HSMTC Chair Peyton Bell, HSMTC 1st Vice Chair
Consultant Emeritus to the GHSMT Committee Hon. George H. Carley, Ret., Supreme Court of Georgia
Special Consultant to the GHSMT Committee
Hon. Stephen Louis A. Dillard, Judge, Court of Appeals of Georgia
Ex-Officio
Pat O’Connor President of the State Bar of Georgia
Buck Rogers State Bar of Georgia President-Elect
Robert Kauffman State Bar of Georgia Immediate Past President
Jack Long Immediate Past Young Lawyers Division President
Past GHSMT Committee Chairs
Warner S. Fox (1987-89) Elizabeth B. Hodges (1987-89)
Susan B. Devitt (1989-90) Joseph A. Roseborough (1990-91)
Aimee R. Maxwell (1991-92) Gregory S. Smith (1992-93)
Lela Smith Bridgers (1993-94) Cathy Cox Brakefield (1994-95)
Julie D. Culhane (1995-96) Catherine H. Hicks (1996-97) H. Suzanne Smith (1997-98)
Frederick N. Sager, Jr. (1998-99) Roy E. Manoll, III (1999-00) Jennifer B. Mann (2000-01)
Christine S. Barker (2001-02) Candace L. Byrd (2002-03)
Robert A. McDonald (2003-04) Leah E. McEwen (2004-05)
Jason B. Thompson (2005-06) Tania T. Trumble (2006-07)
Sara A. “Sally” Evans (2007-08) William H. Noland (2008-09)
Stacey G. Evans (2009-10) Ashley M. Palmer (2010-11)
Jon Setzer (2011-12) Deshala Dixon (2012-13) Kevin E. Epps (2013-14)
Lee Ann Feeley (2014-15) E. Righton Johnson (2015-16)
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THE 2016-2017 HIGH SCHOOL MOCK TRIAL SUBCOMMITTEES
Regional Coordinators
Kim Colmey Julie Culhane
Lauren Ducharme Kevin Epps
Nicole Golden Adam Hebbard Anna Idelevich
Christina Jenkins Alan Lightcap Nathan Lock John Manly
Megan Manly Jason Mitchell Lauren Mock
Adrienne Nash Chris Miranda
Judge Toby Prodgers Burke Sherwood Robert Thomas Byron Watson
Sandy Wisenbaker
Subcommittee on the Problem
Judge Michael Barker, Chair John Ratterree, Vice Chair
Christy Barker Peyton Bell
Sherri Marie Carr Judge Melodie Clayton
Julie Culhane Will Davis Kevin Epps
Lee Ann Feeley Adam Hebbard
E. Righton Johnson Beth Jones
Judge Jennifer Mann Roy Manoll Jon Setzer
Bonnie Smith Katie Wood
Subcommittee on Development
(Fundraising) Adam Hebbard, Chair
Peyton Bell Sally Evans
Betsy Hodges E. Righton Johnson
Aimee Maxwell
Subcommittee on the Rules
Kevin Epps, Chair Christy Barker
Peyton Bell Julie Culhane
Will Davis Deshala Dixon
Kevin Epps Sally Evans
Lee Ann Feeley Adam Hebbard
E. Righton Johnston William Noland Ashley Palmer
Jon Setzer Bonnie Smith Robert Smith
Suzanne Smith
Non-Voting Coach Representatives to the Rules Subcommittee:
Nathan Gaffney Carl Gebo
Ken Mauldin
State Finals Planning Board
Hon. Stephen Louis A. Dillard, Special Consultant Christy Barker
Peyton Bell Sherri Marie Carr Deborah Craytor
Will Davis Deshala Dixon
Kevin Epps Sally Evans
Lee Ann Feeley Adam Hebbard Catherine Hicks
E. Righton Johnston Judge Jennifer Mann
William Noland Ashley Palmer Bonnie Smith
Suzanne Smith Jon Setzer
Elizabeth Thomas Katie Wood
Subcommittee on Honors and Awards
Linda Spievack, Chair Adam Hebbard Betsy Hodges
E. Righton Johnson
Special Projects Task Force
Aimee Maxwell, Chair Julie Culhane Rhonda Klein Deshala Dixon
2016 Law Academy Faculty & Staff
Norman Barnett Peyton Bell
Judge John Carbo Will Davis
Mike Dunham Adam Hebbard Ashley Howard
E. Righton Johnson Barry Stewart Mann
Michael Nixon Megan Pearson
Jon Setzer Bonnie Smith
Harsha Sridhar
Craig Harding Memorial Court Artist Contest
Julie Culhane, Contest Director
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RATIONALE OF THE GEORGIA MOCK TRIAL
COMPETITION
The mock trial activity has proven to be an effective and popular part of a comprehensive, law-focused program designed to provide young people with an operational understanding of the law, legal issues and the judicial process. Part of the appeal of a mock trial is the fun involved in preparing for, and participating in, a trial. Mock trials are exciting, but more importantly, they provide invaluable learning experiences.
Participation in, and analysis of, mock trials
provides young people with an insider's perspective from which to learn about courtroom procedures.
Mock trials help students gain a basic
understanding of the legal mechanism through which society chooses to resolve many of its disputes. Moreover, while obtaining this knowledge, young people develop useful questioning, critical thinking, and oral advocacy skills, as well as significant insight into the area of law in question.
The mock trial activity also provides an
opportunity to incorporate field experiences and community resource persons into the educational process. Visits to local courts will make the activity a more meaningful learning experience. Inviting judges, attorneys, and other members of the legal community to take part in the mock trial will help bridge the gap between the simulated activity and reality, and also will provide an opportunity for the resource people to share their knowledge and experience with young people. Finally, the mock trial will give participants practical knowledge about courts and trials which can be invaluable should they ever be jurors or witnesses in a real trial or principals in a legal action. (Taken in part from Update on Law-Related Education, Winter, 1978. Update is an American Bar Association publication.)
GOALS OF THE GEORGIA MOCK TRIAL
COMPETITION
Benefits of the mock trial program extend beyond the rewards of competing against one’s peers or winning a round of competition. The impact of the program is measured by successfully attaining the following objectives: to further understanding of court procedures and the legal system; to improve proficiency in basic skills: listening, speaking, reading, and reasoning; to promote better communication and cooperation between the educational and legal communities; to provide a competitive event in an academic atmosphere; and to promote cooperation among young people of various abilities and interests.
Education of young people is the primary goal of
the mock trial program. Healthy competition helps to achieve this goal. However, teacher coaches are reminded of their responsibility to keep the competitive spirit at a reasonable level. The reality of the adversary system is that one party wins and the other loses, and coaches should be sure to prepare their team members to be ready to accept either outcome in a mature manner. Coaches can help prepare students for either outcome by placing the highest value on excellent preparation and presentation, rather than winning or losing the case. Participants need to be prepared for the agony of defeat was well as how to win with class.
Hurt feelings, anger and frustration are not the
objectives of the mock trials. We hope students view the event as a fun and exciting learning experience. An admonition to all team members and coaches: Lighten-up and have a good time, regardless of the competition's outcome!
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The 2017 Mock Trial Case authored by the
SUBCOMMITTEE ON THE PROBLEM | YLD HIGH SCHOOL MOCK TRIAL COMMITTEE STATE BAR OF GEORGIA
IN THE STATE COURT OF CARLEY COUNTY STATE OF GEORGIA
HARPER BRYSON, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO: 2017-MT ) JOEY COBB, ) ) Defendant. )
NOTE: All characters, names, events, places and circumstances in this mock trial case are fictitious or are used fictitiously. Any resemblance to any person (living or dead), place, thing or
event is purely coincidental.
The Subcommittee on the Problem gratefully acknowledges the team of writers and editors who produced this original case:
Judge Michael H. Barker, Magistrate Court of Chatham County, Savannah
John Ratterree, II, Esq., Atlanta Christy Barker, Esq., Chatham County District Attorney’s
Office, Savannah Sherri Marie Carr, Esq., Toccoa Julie Culhane, Esq., Allstate Dealer Services,
Jacksonville, FL Will Davis, Esq., Kitchens New Cleghorn, Atlanta Kevin Epps, Esq., Epps, Holloway, DeLoach, &
Hoipkemier, Watkinsville Lee Ann Feeley, Esq., the Office of the DeKalb County
Public Defender, Decatur
Adam Hebbard, Esq., Athens E. Righton Johnston, Esq., Balch & Bingham, Atlanta C. Elizabeth “Beth” Jones, Esq., Marietta Roy E. Manoll, III, Esq., Fortson, Bentley & Griffin,
Athens Judge Jennifer B. Mann, Magistrate Court of Gwinnett
County, Lawrenceville Jon Setzer, Esq., Gwinnett County District Attorney’s
Office, Lawrenceville Bonnie Smith, Esq., Douglas County District Attorney’s
Office, Douglasville Katie Wood, Esq., Atlanta Michael Nixon, Woodstock
The subcommittee would like to thank the Georgia Tech Athletic Department for their use of Shirley Clements
Mewborn Field as the setting for Milton County’s softball field.
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INTRODUCTION
This introduction is of no legal consequence in terms of the trial and is not admissible for impeachment
purposes or for any other purpose.
Bottom of the ninth, two outs. It’s tied 4-4 and the game-winning run is on second, with a runner on first. This is the moment every kid who’s ever played ball has always dreamed about, and it’s come true for Harper Bryson and the Milton County Minutemen. Harper’s the kid on second. Milton County is in the semi-finals against the Carley County Bulldogs in a heated co-ed softball playoff game, with the winner going on to the championship. This is a moment Harper has been dreaming about his/her entire playing career. It’s also the moment Joey Cobb has been dreaming about, albeit on the other side of the ball. Joey’s the hot-armed outfielder on Carley County and has been waiting to win a championship just as long as Harper. Joey and Harper have been in this pitched battle on the field ever since Harper moved to the area a few years ago. While they’re opponents here, they play on the same teams during the summer with Peach State Ball. Sure enough, their rivalry knows no season.
Brett Biddle is up to bat and he hits a sharp grounder through the pitcher’s legs where it pops off second base towards left field. Milton County’s third base coach, Jamie Dugan, coaches Harper at Milton County during the school year and both Joey and Harper at Peach State during the summer. Casey Dansby is Carley County’s shortstop who also plays Peach State with Harper and Joey. Both have a front-row seat at the play about to happen.
Harper takes off towards third. Joey fields the ball. Coach Dugan wants Harper to stop at third and not test out Joey’s famous arm at the plate, but Harper steams past, losing his/her helmet along the way. The ball is fired from left field to the plate but does not make it to the catcher’s mitt. Instead, it connects with the back of Harper’s head and knocks Harper out cold. As Aubrey Williamson, the PA announcer said, you could hear the crack of Harper’s skill all throughout the stadium. Bean Brand, the local college/pro scout said s/he’s never seen anything like it.
While this may not have been the “Game of the Century” or the “Shot Heard ‘Round the World”, it was a big moment for both Harper and Joey. For Harper, it may have ended his/her future career playing ball. For Joey, losing this lawsuit may do the same. Everyone knows Joey has the arm and the talent to hit anything on the field from out there in the outfield; Harper’s head has the proof. But, did s/he hit Harper on purpose?
STIPULATIONS
1. All exhibits included in the problem are authentic in all respects, and no objections to the authenticity of the exhibits shall be entertained.
2. Stipulations cannot be contradicted or challenged. 3. The signatures on the witness statements and all other documents are authentic. 4. There are NO costume options permitted as an exception to Rule 20 this season. 5. The Charge of the Court is accurate in all respects; no objections to the charge shall be entertained. 6. Chain of custody for evidence is not in dispute. 7. The Introduction provided is of no legal consequence in terms of the trial and is not admissible for
impeachment purposes or for any other purpose.
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8. Many students play softball or baseball over the summer months in a travel league with the Peach State Ball organization. a. Peach State fields a Class A team and a Class B team for both sports, similar to a varsity and
junior varsity team respectively. Softball is divided between the Peach State Bombers (Class A) and Diamonds (Class B). Baseball is divided between the Peach State Bears (Class A) and Cardinals (Class B).
b. By default, male witnesses play baseball and female witnesses play softball. c. Due to the unique nature a mock trial places upon witness’ gender, the summer league sport
(baseball vs. softball) played by Harper Bryson, Joey Cobb and Casey Dansby will be dictated by the following rules:
i. If all three witnesses are female, they all play softball in the summer. ii. If all three witnesses are male, they all play baseball in the summer.
iii. If any of the three witnesses are male, they all play baseball in the summer where the remaining females tried out for and made the baseball teams.
9. The weather conditions captured in Exhibit 9 are not necessarily representative of the weather conditions at the time of the game on May 25, 2016.
WITNESSES The following witnesses are available to be called by the parties. Plaintiff witnesses may not testify or be
called on behalf of the Defendant. Defense witnesses may not testify or be called on behalf of the Plaintiff. All witnesses may be female or male. See Rules 3, 5 and 12(f) for more details on witnesses.
For the Plaintiff Harper Bryson, Plaintiff
Casey Dansby Gerry/Geraldine Brand
For the Defense Joey Cobb, Defendant
Aubrey Williamson Jamie Dugan
EXHIBITS Teams in competition may use the following exhibits. Teams should only print and use exhibits in a black and
white format; some exhibits are presented in the case materials in color to give teams a better view of the exhibit. They are pre-marked and are to be referred to by the assigned number, as follows:
Exhibit Numbers and Title/Descriptions
1. ..... Accident Report 2. ..... FaceTube screenshot 3. ..... Field layout, version 1* 4. ..... Field layout, version 2* 5. ..... Photo of softball and baseball
6. ...... School system athletic release form 7. ...... Helmet labels 8. ...... Lineup card for May 25, 2016 game 9. ...... Photos of playing field
*Exhibits 3 and 4 will be provided to teams in a large format at each competition level. Copies of each Exhibit will be posted on the Team Information page of the website for teams to use at practice. Teams are not to bring their own large formatted copies of either Exhibit to competition.
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IN THE STATE COURT OF CARLEY COUNTY
STATE OF GEORGIA
HARPER BRYSON, )
)
Plaintiff, )
)
v. ) CIVIL ACTION NO: 2017-MT
)
JOEY COBB, )
)
Defendant. )
COMPLAINT
COMES NOW Harper Bryson, Plaintiff in the above-styled action, and files this
Complaint showing the Court as follows:
1.
Defendant, Joey Cobb, is a resident of Carley County and may be served with a copy of
this Complaint within the confines of said county. Jurisdiction and venue are hereby
appropriate in this Court.
2.
On Wednesday, May 25, 2016, Defendant willfully and intentionally made actual physical
contact with Plaintiff which was unjustified, unauthorized and unlawful when Defendant
deliberately threw at and struck Plaintiff with a ball during a sporting event.
3.
As a result of the incident described above, Plaintiff suffered serious bodily injury and
tremendous pain and suffering, all for which Plaintiff is entitled to compensation from
Defendant.
4.
The tortious actions of Defendant shows willful misconduct, malice, wantonness,
oppression, or that entire want of care which would raise the presumption of conscious
indifference to consequences, and thus punitive damages are warranted in this case.
5.
Defendant has acted in bad faith in the instant matter, and has caused Plaintiff
unnecessary trouble and expense, and has been stubbornly litigious, so as to entitle Plaintiff
to an award of attorney’s fees and expenses of litigation.
WHEREFORE, Plaintiff prays for the following relief:
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(a) that process issue and Defendant be served with a copy of this Complaint;
(b) that Plaintiff have a trial by jury on all issues;
(c) that Plaintiff be awarded special, general, and punitive damages in an amount to
be proven at trial and as determined by a fair and impartial jury;
(d) that Plaintiff be awarded costs and attorney’s fees in bringing this action; and
(e) that Plaintiff be awarded such other and further relief as the Court deems just and
proper under the circumstances.
This 1st day of July, 2016.
Patrick O’Connor
By:______________________________
Oliver Manner, LLC
Attorneys for Plaintiff
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IN THE STATE COURT OF CARLEY COUNTY STATE OF GEORGIA
HARPER BRYSON, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO: 2017-MT ) JOEY COBB, ) ) Defendant. )
ANSWER
COMES NOW Joey Cobb, Defendant in the above-styled action, and files this Answer to Plaintiff’s
Complaint showing the Court as follows:
1.
The allegations of Paragraph 1 are admitted.
2.
The allegations of Paragraph 2 are denied as pled. By way of further answer, Defendant denies
intentionally targeting or striking Plaintiff in any way.
3.
The allegations of Paragraph 3 are denied.
4.
The allegations of Paragraph 4 are denied.
5.
The allegations of Paragraph 5 are denied.
WHEREFORE, Defendant prays for the following relief:
(a) that Defendant have a trial by jury on all issues;
(b) that Plaintiff’s complaint is dismissed;
(c) That Defendant be awarded such other and further relief as the Court deems just and
proper under the circumstances.
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This 26th day of July, 2016.
Jennifer Mock, Esq.
By:______________________________
The Mock Law Firm
Attorney for Defendant
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STATEMENT OF HARPER BRYSON
1. My name is Harper Bryson, and I am a junior at Milton County High School. My family and I 1
moved to Milton County when I was about ten years old. I was already very involved in competitive 2
base/softball by that time. The best players start out young. The other base/softball families didn’t 3
exactly roll out the red carpet for us – they obviously saw me as competition (which I was). I had to 4
work extra hard to prove myself to coaches and teammates. But once they saw my talent and pure 5
passion for the sport, I made the team at school, and everyone wanted me on their summer league 6
and travel teams. Well, everyone except Joey Cobb. Joey realizes there is a limited future for our 7
sport, be it in college or the pros, and Joey’s chances of making it are much lower with me in the 8
running. Anyway, when you play for different teams (school and summer leagues), you end up 9
playing against people who were your teammates just weeks earlier. It creates opportunities to get 10
to know a lot of people, but there’s also friction and an air of competition. 11
12
2. Joey and his/her family were among those who weren’t on the welcome committee when we 13
first moved here. Even though Joey goes to Carley County High School, s/he and I had to compete 14
against each other every summer to get on the best travel team in Peach State. Peach State is the 15
summer travel league a lot of us play with. We’ve got kids from all over, from Milton, Carley, 16
Campbell and Hazzard counties. I remember the summer I was fourteen, the summer before high 17
school. Joey and I were both trying out for the Bears/Bombers, Peach State’s A-team base/softball 18
team, but they couldn’t take both of us. Joey ended up getting picked. Coach Jamie Dugan ran that 19
team. I wound up on the Peach State B-team, the Cardinals/Diamonds; we were still a good team 20
with great players, but it wasn’t the Bears/Bombers. When our teams played each other that 21
summer in a tournament in Columbus, Joey constantly heckled me about not getting picked, right in 22
front of the coach and other players. I was just a kid then, so I let my emotions get the best of me. I 23
threw my helmet in the dugout after I struck out. Dugan tried to get me thrown out of the game, but 24
the umps just warned me not to do it again. I learned my lesson for sure. Even though I got stuck on 25
what I thought was going to be a lesser team, we ended up winning the tournament, a fact Joey has 26
never forgotten. As it turns out, Coach Dugan is the third base coach at Milton County, so it was a bit 27
awkward when I made the co-ed team my freshman year. It hasn’t been easy to play for Coach 28
Dugan at Milton County. Sometimes I feel like s/he is holding me back from realizing my true 29
potential. 30
31
3. Growing up playing base/softball, you learn how to play all of the positions at first. Eventually, 32
though, you find your niche. Mine is playing first base. In my opinion, it’s one of the most important 33
positions on the field. A lot of plays are made at first base, and I’m definitely one of the best in the 34
area at the position. I see way more action on defense than someone kicking the dirt and chasing 35
butterflies in the outfield like Joey. The coaches are always getting on some of the lower-skilled kids 36
like Joey for being a bunch of lollygaggers, with them lollygagging down to first, or in taking the field 37
from the dugout. That’s just another reason for him/her to be jealous of me; I know how to bring the 38
passion to the field, every time. We were on the same team last summer after I made the 39
v. 1.0: 10/12/16 19
Bears/Bombers roster, but playing against each other definitely brings out our competitiveness. We 40
both try to bring our “A-game” when we face each other on the field. Joey has an amazing throwing 41
arm – both power and accuracy. I’ll give him/her that. But s/he wastes it showboating for cameras. 42
Throwing balls into buckets and pulling off blindfolded stunts to impress FaceTube followers is just 43
plain careless. But hey, if s/he wants to throw out a shoulder being a showoff, it’ll hurt his/her 44
scholarship or pro chances, but it won’t hurt my feelings. I let my skills speak for themselves on the 45
field and in the box scores. I wasn’t planning on taking any chances with my health – but obviously 46
Joey had other plans. Nothing like literally knocking out the competition. 47
48
4. Like I said, I prefer to save my passion and energy for the field. I know some folks say I’m too 49
passionate, but they’re just being wussies. It’s not my fault I run so hard that my helmet flies off, 50
even though the umps seem to think I’m doing it on purpose. I do love the feel of the wind through 51
my hair on the base path. I try to remember to reach up and grab hold of it when I’m rounding a bag 52
but I sometimes forget. I haven’t gotten ejected for it yet. I get teased a lot about being the hatless 53
baseman, but I’m not slowing down for anything - not a flying helmet, not the coaches, and 54
definitely not the catcher. I plan to score no matter who thinks they can stop me. It’s called 55
“winning”; second place is the first loser. And a little friendly heckling never hurt anyone – and it 56
might even help the team win. If runners on first base pay too much attention to my “jokes” about 57
their mommas, they might miss a chance to steal or get picked off because they’re caught napping. 58
All of the major league players engage in trash talk – so I just consider it practice for when I make it 59
to the show. 60
61
5. Just finishing my junior year, I know I’ve only got one more summer league and one more school 62
year to impress the scouts. That means playing all out – giving it my all. I guess Joey is trying to do 63
the same thing. Heck, s/he even went so far as to try to make me look bad so s/he could make 64
him/herself look better. S/He picked a fight at a game earlier this season. The rivalry between Milton 65
and Carley runs deep, so there’s always a lot of trash talk among the players. Most people know how 66
to handle what I dish out. Not Joey though. S/He made it to first base on a lazy hit and started 67
mouthing off as soon as his/her foot hit the bag. S/He said something about me crowding the bag or 68
being in the base path, but it’s my bag; I’ve got to be there to get him/her out. I was just engaging in 69
a little friendly chit chat about how two’s a crowd on my bag. But Joey lost his/her cool and the 70
umpire had to come separate us. I bet the scouts didn’t take too kindly to Joey’s attitude. Who 71
would really pay money to have him/her on a team with such a crap attitude? 72
73
6. Obviously Joey blamed me for his/her embarrassment, because s/he was still pouting at the big 74
game on May 25, 2016. I call it a big game because of the rivalry, but also because college scouts and 75
media were in attendance. The winner would advance to the state championship, and the Peach 76
State coaches watch these games to help them decide what players to draft for the teams. It was the 77
perfect opportunity to show who was really worthy of scholarships and recruiting. I knew Joey was 78
still smarting about the earlier incident, so I took full advantage. Like I said, distracting the players on 79
the other team only helps mine. I was giving Joey an earful every chance I got, but I don’t think I was 80
that much worse on him/her than anyone else on his/her team. Joey gave as good as she/he got, 81
v. 1.0: 10/12/16 20
believe me. I didn’t get too riled when Joey pestered me by saying my mouth was no match for 82
his/her arm. After all, what’s a little smack talk among “friends”? I never expected Joey to react the 83
way s/he did. To intentionally bean me like that? What does she/he think this is, dodge ball? 84
Targeting someone like that is illegal and way out of bounds. 85
86
7. It was a close game – closer than I liked for sure. In fact, we were tied 4-4 late in the game. I may 87
have taken a shot to the head, but I remember it like it was yesterday. It was the bottom of the 9th, 88
two outs, two on. I’m in scoring position on second; I can’t remember who was on first, and our big 89
bat Brett was at the plate. The sun was shining on my face, making it bit of a challenge to see the 90
plate; thankfully I had my Nike Show X1s on. It had been sunny most of the game and most players 91
on the left side of the field were shaded with glasses and their hats/visors. Joey was too big league 92
and tried to get by with just some eye black. 93
94
8. Of course, as soon as I get to 2nd, Joey starts running his/her big mouth. S/He’s asking me if I had 95
any plans for the Memorial Day weekend since we’ll be done with our season by then. I tell him/her 96
where to go and s/he says, “Tough talk from little Harpie! Don’t even think about trying to score that 97
run…there’s no way you’re crossing that plate with me out here! You better hope Biddle pops it up 98
to Chipper over there so I don’t have to throw it down on you!” I’ve been hearing his/her crap for so 99
long, I just ignored it. S/He may have a good arm but I wasn’t going to let him/her steal this win from 100
me. 101
102
9. I got a gut feeling that Brett’s bat was going to connect, and that I would have to run like the 103
wind to win the game. I was ready. Sure enough, I hear that beautiful sound of the bat hitting the 104
ball – a line drive right at me. I take off running with all I had – I knew this game was on my 105
shoulders. The pitcher couldn’t stop me – the ball shot through his feet. The second baseman 106
couldn’t stop me – the ball ricocheted off the bag and headed toward left field. I touch the base at 107
third going full speed. Coach Dugan at third didn’t want to stop me – I rounded third and headed for 108
home. My helmet came off but that couldn’t stop me. The hatless baseman rides again! Whoo! I 109
almost felt lighter without that stupid thing as I came back to the baseline to head straight for the 110
plate. I’m sure the fans were cheering me on, but I couldn’t hear it. I only saw home plate and the 111
catcher who was the last thing standing between me and my victory. She was moving to block the 112
plate, waiting for the looper from Joey, her eyes getting wide seeing me focused on her like a missile 113
to its target. 114
115
10. Then, suddenly, the world went dark. Thirty-five feet from home and pain exploded in my head 116
and I felt myself start to tumble down the line. I don’t remember much after that. I came to in a 117
hospital room where the light hurt my eyes and my head was pounding. My teammates and coaches 118
were there, obviously worried by the looks on their faces. The next several days are a blur. I 119
remember that Heather told me that I was hit by the ball, and that Joey had thrown it right at me as 120
hard as s/he could. She said it looked like the ball was a bullet fired from a cannon, heading towards 121
the target on the back of my head. Joey never misses a target. Unfortunately, I was his/her target 122
that day. There’s no way this was an accident. A throw home from left field should never cross the 123
v. 1.0: 10/12/16 21
baseline that far from the plate. Those of us who have been playing for years know there’s always a 124
chance of getting hurt, but that’s the risk you pay for the greatness you play. But those are generally 125
the result of wild pitches or collisions at the bases. Yeah, I signed the release form at the beginning 126
of the season when I turned in all of my paperwork; we all did. I’ve never heard of a player being hit 127
in the head on purpose. Geez, I thought I was the one who would do anything to win. Apparently 128
that title goes to Joey. To make matters worse, I heard Joey was a poor sport about my injury. S/He 129
walked over and tagged me out just to be a jerk. Chase said it looked like Joey was almost grinning 130
when s/he came running up to tag me out, saying “Bang! Extra innings! Let’s do this thing!” That did 131
not sit too well with my team, about causing a fight to break out between Joey and some of my 132
teammates. Jan said she about threw a punch at Joey but Coach Ford got them all back in our dugout 133
before anything could start. Apparently the home plate ump was about to toss Joey until Coach 134
Dugan pushed him/her towards the Carley County dugout, telling him/her to cool it and don’t do 135
anything else. I guess Joey’s got Coach Dugan to thank for keeping him/her in the game. 136
137
11. Thanks to Joey’s spitefulness, I was in the hospital overnight for observation. The doctor said I 138
was lucky to be alive. Nothing was broken, but I almost wish something was – at least I could point to 139
that physical injury and blame it for my current problems. Even if we had won, I would have missed 140
the championship game due to the District’s concussion protocol. I still feel the effects to this day. I 141
have constant headaches, I’m frequently dizzy, and things just don’t feel right. I can already tell these 142
issues are affecting my ability to play ball. I’ve been able to get back on the field but it took a few 143
months. This is so much worse than the last time my head got whacked during summer league last 144
year. I was trying to stretch a single into a double, and I was smack-tagged upside my head when I 145
was sliding head first into second. I suppose my helmet must have come off again when I rounded 146
first, because the glove hit me right on my left temple. The umpire called me out, and I trotted back 147
to the dugout. Things seemed fine until I got back to the dugout and Coach Dugan started asking me 148
all sorts of questions. It turns out that my trot back was a little zig-zaggy. I answered all the questions 149
right, put an ice pack on my head for a little while, and finished the game. I don’t quit, and I wasn’t 150
about to admit that I was dizzy or had a headache. I felt better after a few days. 151
152
12. I wasn’t going to sue Joey or anything until I realized that I was going to miss a bunch of games; I 153
had already missed the first 4 weeks of the Peach State season. Once I was cleared to play, I came 154
back so late that the only spot for me was on the Bomber/Cardinals. Thankfully, I didn’t have to see 155
Joey that much this summer. Bean has said s/he “doesn’t think” this will affect my scholarship 156
opportunities but I can tell s/he’s not coming around as much anymore; I don’t feel very confident in 157
what s/he’s saying at this point. S/He’s still taking to Joey all the freaking time…I just don’t hope my 158
future winds up being in ruins on that third base line. 159
160
161
v. 1.0: 10/12/16 22
WITNESS ADDENDUM 162
I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 163
The material facts are true and correct. 164
165
Signed, 166
167
__________________________ 168
Harper Bryson 169
170
SIGNED AND SWORN to me at 2:35 PM, July 1, 2016. 171
172
______________________________ 173
C.M. McCormack, Notary Public 174
Harper Bryson
v. 1.0: 10/12/16 23
STATEMENT OF CASEY DANSBY
1. Baseball and softball run in my family. My dad was a third baseman, but I don’t have the arm 1
that he does (nor do I hit as well). I’m much quicker side to side, though, so naturally, shortstop was 2
the place for me. The middle infield is a unique place to play; you have so much influence all over the 3
field. And turning a double play is one of the best parts of it. Growing up, I’d always ask my dad to 4
tell me stories about Ozzie Smith and Cal Ripken and Trammell to Whitaker, who were some of his 5
favorite players when he was younger. 6
7
2. A lot of people don’t realize it, but our job isn’t finished when the ball is hit to the outfield. We 8
have a lot of responsibilities, particularly when there are runners on base. We’re the cutoff for our 9
outfielders to make sure that runners don’t advance any farther. When the ball is hit to right field, I’ll 10
cover second base while the second baseman is the cutoff person for the throw from the outfield, 11
and when the ball is hit to left field, I’m the cutoff person. Depending on how many runners are on 12
base and where they are, I may have to back up someone else, but those situations aren’t quite as 13
common. Sometimes, for me, though, with Joey in left-center field, I feel like I’m going through the 14
motions. S/He has the strongest arm of anyone I’ve ever played with. And s/he is the most accurate, 15
too. S/He is like the shortstop of our outfield. 16
17
3. During the school year, I play on Carley County High School’s co-ed softball team and I have now 18
been on the team all four years of high school. It’s a big sport in areas that don’t have enough 19
players to form full baseball and/or softball teams at their schools. It’s a bit different from normal 20
baseball and fastpitch softball. First, there’s the 10 players on the field. Secondly, it’s a slow pitch, 21
like the adult leagues, and you don’t have a lot of options in the pitching. Being slow pitch, there’s a 22
lot more connecting with the ball than you would have otherwise. The strike zone is defined by 23
where the ball crosses the batter and where it lands. It has to cross the plate between the batter’s 24
shoulders and knees and then land in a spot directly behind home plate. If it’s outside the plate lines, 25
hits the plate, or lands too deep, it’s a ball. It actually takes a good bit of practice to get that aim 26
down. The pitcher can vary the speed of the pitch, float it some or flatten it out, to try to get the 27
batter to commit to a swing. They can also put some spin on the ball to try to help direct the hit. It’s 28
not hard to make contact with a pitch but it can be challenging to get a true hit out of it. Lastly, we 29
play on a traditional softball field; it’s only 60 feet between bases, not 90. The fence is about 190 30
feet out, so it’s shallow too; we have to use wood bats. Since the bases are so much closer together, 31
runners can’t lead off from the bags and have to wait until the ball is hit to move. 32
33
4. A lot of the players on these teams play travel-league baseball or softball in the summer, most 34
in the Peach State Ball organization, based in Miltonville; that’s where the real competition lives. For 35
us, the school year team is more about having fun and getting in some competition and keeping our 36
skills up until the next travel season starts. Last summer was my last year playing organized 37
base/softball. It was fun but I wasn’t getting any scholarship offers out of it. 38
39
v. 1.0: 10/12/16 24
5. By the end of my senior year, I will have lettered all four years in co-ed softball at Carley County, 40
and as impressive as that sounds, it’s nothing compared to the accolades that Joey has piled up. S/He 41
is truly a five-tool player. Not only is his/her arm super strong, but s/he can range all over the 42
outfield. Sometimes his/her range gets on our coach’s nerves because s/he roams into our right-43
center and left fielder’s territory and takes plays away from them. I know it’s just because Joey 44
thinks that s/he can throw out players better than the others, but it’s a team sport, not an individual 45
showcase; Christa is a great right-center fielder and I don’t know why Joey thinks s/he has to get in 46
her way all the time. Joey is one of our best hitters, too. It’s easy to see why scouts fawn all over 47
him/her. I’m sure s/he’ll get a number of scholarship offers, especially after the summer baseball 48
season s/he had. Joey has been attracting attention to him/herself for as long as s/he has played 49
ball. That guy/lady Bean has been talking to Joey a lot so I’m sure s/he’s on the way. 50
51
6. Joey is always showing off for anyone who will watch, especially his/her teammates and the 52
scouts. And his/her followers on FaceTube. We all know s/he is going places. S/He makes sure to get 53
his/her name out there, though. His/her videos have tons of views and comments. And, they’re 54
seriously real. I spend a lot of time on FaceTube looking at videos, and his/hers are some of the best. 55
S/He can hit the backstop at our field on the fly from the warning track, and s/he can hit the “No 56
Pepper” sign behind home plate ten times out of ten from 2nd base. 57
58
7. S/He can do all kinds of tricks, and sometimes I go out to the field to watch or even help record 59
some of his/her “trick shots.” S/He would line up batting helmets on the dugout fence and knock 60
them down from the foul line, like a shooting gallery at the county fair. A few weeks ago, s/he 61
recorded another one of his/her famous clips and put it up on online. I wasn’t there for this one, but 62
I definitely saw it; I get the notifications on my phone when Joey uploads a clip to his/her account. I 63
immediately commented (dansby_ballplayer isn’t all that original but it works) about how amazing 64
this clip was: s/he set up a bucket at home plate and then tilted the bucket to the side and propped 65
it up with bricks. His/Her brother was holding the camera behind the plate through the fence so you 66
can see Joey and the bucket. You could hear Tyler set it up by saying “So Joey, there’s a runner on 2 67
wanting to score the winning run. Don’t let him score!” and Joey starts sailing them in. Throughout 68
the throws, Tyler is yelling, “hit it, Bro/Sis!” and “nail that sucker!” After each one, Joey hoots and 69
hollers, saying “take that!” At the end, Joey runs up to the plate and dumps the bucket out and looks 70
at the camera and says, “That’s for you, Minutemen! No way you’re getting to home with me in the 71
field! Whoo!” S/He threw 10 balls from the warning track and filled up the bucket without missing 72
once. Not one of them bounced! Unfortunately, when I went to show another friend the other day, 73
the video was gone. 74
75
8. We’re all really competitive on the field, but off, we all usually get along, especially those of us 76
that play together during the travel ball season. The travel ball leagues pull the competitive kids from 77
different schools, so I’m on a team with a few of my Carley County teammates, but also with a few 78
from Milton County and Campbell County as well. It can be a bit odd playing against our friends but 79
we get used to it. It’s not unusual to see some of us cutting up while getting pizza after a big travel 80
tournament. When we take the field for our schools, though, it’s different. When Carley and Milton 81
v. 1.0: 10/12/16 25
play, there’s definitely no love lost. It’s like we go through some weird time warp. Every time we play 82
there is constant trash-talking and name-calling. The umpires can’t look forward to it. Sometimes I 83
get in on the action, but after, I always feel bad, because like I said, a number of the Milton players 84
are my friends and travel teammates. Thankfully, we’re not in the same GHSSA region, so we don’t 85
face off that often. In full disclosure, I’m friends with Harper. We played on the same travel team, 86
the Cardinals/Diamonds, for several seasons until Harper moved up last summer. Joey is on the 87
Bears/Bombers, which is the Class A team in our summer league. I haven’t quite made it to the “big 88
leagues” from the Class B team but that’s okay; I still enjoy it. Harper and I work really well together 89
during the summer and have turned some awesome double plays. 90
91
9. Of course, this year, our teams met in the state semifinals. I’m always nervous during the 92
playoffs, but I get especially amped up the closer we get to the finals. You never know when your 93
team might get another chance at a championship, and in my senior year, I wanted to end on top. 94
95
10. Going into the game, everyone was tense, except for Joey. I would have felt better going in had 96
we been playing at home and not in the lion’s den, but I quickly put it out of my mind. Joey is always 97
supremely confident, and that day was no different. As intimidating as s/he is because of his/her 98
talent, sometimes the confidence is calming. Some see it as cocky, especially Harper. Harper has 99
never really liked Joey personally and I hear about it all. the. time. I always feel like I’m defending 100
Joey with Harper, even though Harper may be right sometimes on Joey’s attitude. 101
102
11. My dad always makes fun of Milton’s field because the third baseman looks into the sun the 103
whole time. He’s a bit of a purist, and he always says, “Everybody knows that Rule 1.04 says ‘THE 104
PLAYING FIELD: It is desirable that the line from home base through the pitcher’s plate to second 105
base shall run East Northeast.’” You should see how worked up he gets about Ray Liotta batting 106
right-handed as Shoeless Joe in Field of Dreams. Anyway, Milton’s field is a little unusual. Under the 107
rule, the center fielder should be to the east-northeast of home plate, but here, the center fielder 108
stands to the southeast, like they would in Cincinnati, Pittsburgh, Milwaukee, or the south side of 109
Chicago. Those new stadiums don’t have the same character as the classics; their designers worry 110
more about being fancy than tradition. I’m sure those teams did that too to throw off the visiting 111
teams who are used to the sun and shadows being in different places. Having played our home 112
games facing the sun, we’re all used to it. 113
114
12. Normally, the third baseman and I would look right into the sun during the late evening games 115
at Milton’s field, but that evening it was mostly cloudy, and the sun wasn’t a real problem. Fielding 116
popups in the infield wasn’t nearly as hard as I’ve dealt with there before. I do remember a few 117
occasions in the earlier innings where the sun would peek through the clouds and I had to pull my 118
hat/visor a little lower to shade my eyes, but after the 4th inning, the sun was gone for good. 119
120
13. With two outs and runners on first and second, I was playing a little deeper in the infield, almost 121
to the outfield grass. In a tie game, like the semifinal was, you don’t want a ball to sneak through the 122
infield and let Harper score from second. Sometimes it doesn’t matter how strong Joey’s arm is 123
v. 1.0: 10/12/16 26
when only 120 feet separate a baserunner from the winning run. Unfortunately, the batter hit a full 124
count pitch right over my outstretched glove into left-center field. Harper was on second, and s/he 125
was off with the crack of the bat. I knew it was going to be a close play at the plate, because Joey 126
was playing a little shallow with the hopes of stopping Harper at third. Of course, with all the talk 127
going back and forth between Joey and Harper throughout the game, I should’ve known that Harper 128
was going to try to score. It would’ve been exactly the kind of end s/he would want in front of all 129
those scouts: making the State championship by scoring the winning run in spite of what was sure to 130
be a great throw from his/her bitter rival. 131
132
14. However, in that moment, I didn’t expect Harper to try to score, so I yelled at Joey to hit me 133
with an easy throw instead of taking the chance of throwing it away and letting Milton win on an 134
error. I know, it was a little dumb of me to think that Joey would ever miss Rachel, our catcher, but in 135
a tense situation, sometimes your instincts take over. Joey being Joey, the ball sailed over my head. I 136
don’t know if Dugan was yelling “whoa” or “go” but s/he was screaming something at the top of 137
his/her lungs. I wheeled around to try to catch the play at the plate just in time to see Harper go 138
down. I noticed that his/her helmet was spinning by third base, and the ball was right beside him/her 139
halfway between third and home. Joey ran all the way in toward our dugout, picked up the ball, and 140
tagged Harper out. To extra innings we went. It was kind of a cheap play by Joey, but I like to win, 141
too. Where the ball hit Harper, Joey could’ve just as easily thrown him/her out at the plate, though. 142
143
144
WITNESS ADDENDUM 145
I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 146
The material facts are true and correct. 147
148
Signed, 149
150
__________________________ 151
Casey Dansby 152
153
SIGNED AND SWORN to me at 5:45 PM, August 3, 2016. 154
155
______________________________ 156
C.M. McCormack, Notary Public 157
Casey Dansby
v. 1.0: 10/12/16 27
STATEMENT OF GERRY/GERALDINE “BEAN” BRAND
1. My name is Gerry/Geraldine Brand. I am 33 years old, and I was working as a scout at the semi-1
finals playoff co-ed softball game between Milton County High School and Carley County High School 2
on May 25, 2016. I was never one to play sports. I just didn’t have the build or interest in it. I love 3
watching sports and have been a fan all of my life. I’m a numbers guy/girl (everyone thought I would 4
be an accountant and “Bean”, as in bean counter, became my nickname) and once you start seeing 5
the numbers in a sport, you see it in a whole different way. Especially baseball. Baseball is all about 6
the numbers, the stats. Batting average. RBIs. BBs. OBP. Slugging percentage. Runs allowed per 7
game. Runs saved above average. Putouts, assists, errors. Replacement values. There are a million 8
ways to look at what happens on the field and put it into numbers. Then you can start getting really 9
nitty-gritty and ranking everyone and seeing trends, massaging the numbers to show a player’s 10
strengths and weaknesses. Or from a big picture view, you can look at a box score (numbers) and tell 11
exactly what happened in the game without seeing any of the plays live. In high school, I was the 12
manager for both the school’s baseball and softball teams. I mainly kept the scorebook and stats for 13
all of the games and players. I helped the football and soccer managers with their stuff but they 14
don’t have near the numbers as my ball clubs did. I went to Emory University and got a degree in 15
applied mathematics and statistics and then an MS in Kinesiology from UGA. I wanted to get into 16
management and scouting for a big league team somewhere but it’s a long road and you have to 17
know the right people. In trying to build my reputation, I’ve done a lot of scouting. 18
19
2. Having been involved with the high school sports, I knew the Peach State Ball organization was 20
one of the big summer leagues for kids wanting to make a career out of professional baseball and 21
softball. As luck would have it, they were looking for some front-office help and I was able to work 22
with both the Bombers and Diamonds traveling clubs over several summers: an enjoyable way to put 23
bucks in my pocket, and, as it turned out, a very useful way to network. I also started doing a bunch 24
of free-lance scouting for some of the minor league teams around the southeast, along with some of 25
the Division II and III colleges. The scout gives the prospecting ball club a heads up on a good player. 26
If that player is successfully recruited, the scout gets a commission. Smaller colleges don’t have the 27
budget for a broad network of dedicated scouts, yet they need broader coverage than the big-name 28
schools do to fill their rosters. A lot of these small schools contract scouting to freelancers like me or 29
various scouting services to provide a look at prospects possibly willing to consider a smaller 30
program. Being involved with both the baseball and softball programs with Peach State ball allowed 31
me to keep my finger on the pulse of some of the top talent in the area and build my reputation to 32
hopefully get in with one of these services at the same time. This way, I can help both the softball 33
and baseball programs at these schools. 34
35
3. Some may be concerned with me promoting players I knew from the summer but my 36
involvement during the summer is more periphery than instructional. However, it has paid off. I’ve 37
probably got Harper Bryson a spot in a Division III school in Rhode Island. Joey Cobb, though, could 38
be my way to bigger things. This kid’s got a lot of talent and will be professional within 2 seasons. My 39
v. 1.0: 10/12/16 28
ability to spot promising potential on the baseball and softball diamonds turned into an offer to 40
scout directly for a regional semi-professional league. I don’t make enough from it to live well on, but 41
the work is occasional (leaving me time to pick up other free-lance jobs until I get established), I 42
enjoy it, I like the people – I think I must know everybody – and I don’t mind commuting all over to 43
cover games. 44
45
4. Normally, I don’t spend a lot of time on the high school co-ed softball games since none of my 46
scouting clients field a co-ed team. I try to spend most of my efforts on what pays the bills, focusing 47
on the pure versions of the game. However, this was a big game for the mere fact that some of the 48
best players in the Peach State organization were facing off on the field and it would be another 49
chance to see them playing in a high-stakes contest. On the day of the game, I’d arrived prepared. 50
Coach Jamie Dugan was covering the third-base line, and I stopped to gossip with him/her on my 51
way to the stands; we’ve known each other from Peach State days. I tried to give him/her some 52
advice on their starting lineup, based on the past 10 games’ numbers. I didn’t like having Chipper 53
batting after Christa; Christa should have been after Murphy since her OBP and slugging numbers 54
have been up in the past 6 at bats. Peña’s numbers of runners left on base (LOB) are the highest for 55
the team this season, so putting her fourth didn’t make sense either, but I’m not the coach. Dugan 56
didn’t want to listen to much I had to say, even though it was all free advice based on the numbers, 57
not emotions. But what do I know? Dugan’s the one with playing experience, even though it didn’t 58
get him/her very far. I think s/he likes coaching to hang on to the glory days. Dugan’s nice and all and 59
can be fun to shoot the breeze with but s/he isn’t doing too much to develop his/her players’ skills 60
for the future. A lot of these kids need some guidance. Harper Bryson and Joey Cobb are the 61
exception. 62
63
5. I’ve followed Harper and Joey extensively through the years. These kids are the real deal. These 64
are the kind of players development coaches and scouts hang their hat on, discoveries that can 65
change (or start) a career. Harper is a bit of a hot-head but his/her ownership of first base is 66
amazing. Harper’s fielding percentage is an impressive .885 with 125 putouts. With a .233 batting 67
average and a .438 slugging percentage, Harper is a threat at the plate too. 68
69
6. Joey is something of a hot-dog, amusing everyone with trick throws, even producing videos to 70
show the masses; it’s a shrewd move, most likely gaining the attention of other scouting hounds. But 71
make no mistake, the kid has juice: both power and accuracy. Well, usually. Joey’s fielding 72
percentage is a whopping .986% with an average of 2.3 putouts per game. S/He’s got an ultimate 73
zone rating of +9.2. From the outfield, that means that Joey has essentially thrown out a runner 2-3 74
times a game. Those are outrageous numbers for a kid in high school. Runners who try to stretch 75
their hit against Joey are usually gunned down, even at home. I’ve seen him/her nail a runner trying 76
to take home from second when Joey fielded the ball on the left field fence. The runner should have 77
just tagged and moved to third after Joey caught the out but he decided to make a break for home. 78
Joey threw a perfect one-hopper from the warning track with enough time for the catcher to get the 79
ball and then adjust his stance to block the plate for the out. It was amazing. 80
81
v. 1.0: 10/12/16 29
7. I’ve talked to both of them about options they have. Joey is also more thin-skinned than s/he 82
has good reason to be. I know that, as juniors, Joey and Harper are getting anxious about college 83
baseball/softball careers (and scholarships) – both have “let that on” to me, at one time or another – 84
but, hey, both of them are talented and both have experience from the regular seasons and, more 85
importantly, the summer travels. There are a lot of colleges out there, but it’s in the nature of 86
aspiring top-notch athletes to be competitive…constantly. 87
88
8. Is Joey professional level like s/he thinks everyone says s/he is? If s/he keeps playing like s/he’s 89
been, s/he’s got a great chance. Maybe not quite amateur draft-level promising but if the right spot 90
opened up with a MiLB/NPF team, s/he might have a shot at the big leagues in a couple of seasons. If 91
I could make that happen, that would help my big shot as well. 92
93
9. This semifinal playoff game would clinch a spot in the championship game and the two of them, 94
who’ve played with and against one another since elementary school, were hyped. I could tell it from 95
their body language – it’s my job to read such language – and their tension built as the score tied, 4-96
4, going into the 9th. I was at the game earlier in the season, where Joey and Harper came to blows at 97
first base, but, from the shade being thrown across the batters’ boxes, dugout to dugout, their 98
attitude hadn’t improved much with time. 99
100
10. I don’t like to broadcast that I’m at a game scouting a player; you know, the Hawthorne Effect. 101
Unfortunately, I’m a bit known from working with Peach State and I spent a bit of time trying to 102
brush off over-eager parents lobbying me and wanting some help getting their kid a spot in the 103
futures. Oh well, it’s part of the gig. I like the seats behind the dugouts as it gives me a chance to 104
hear the players and coaches in a more private moment of the game. As usual, Joey was one of the 105
loudest in the dugout, either shouting encouragement to his/her teammates on the field or giving 106
words of “encouragement” to fix a mistake made on the field. At one point, when the game was tied 107
with a long-shot triple by Milton County in the 6th inning, Joey let off on the team saying that “I am 108
not going to let any of you lose this game! If I have to win this by myself, then I’ll do it! What do we 109
do?” Several of the others responded “Do what it takes!” It seemed to have an effect on the team as 110
several key plays were made to get them to the 9th inning still tied. 111
112
11. As I’ve said, the game was tight and both Harper and Joey were on fire. Harper had already 113
connected on a couple of double plays with Nick Barker in the game and was 2-2 with a walk. Joey 114
had everyone watching left field, not wanting to test his/her arm between 2nd and 3rd. Milton County 115
could have had another run in the 7th but Coach Dugan was playing it safe against the gun in the 116
outfield. It’s tied 4-4 in the bottom of the 9th, 2 outs, 2 on. Harper was on second and Chase Katz, I 117
believe, on first. As soon as Harper reached second, s/he and Joey start going after each other. Joey 118
was letting Harper hear it and Harper seemed to be throwing it right back. I couldn’t hear everything 119
they said since the players in the dugouts were chattering too but Joey did say that s/he wasn’t going 120
to let Harper be the one to score the winning run. Brett Biddle came to the plate, looking to drive in 121
the win. Harper was out there dancing on the bag – knowing s/he would be the winning run, if s/he 122
made it home – and my attention quickly refocused on the field rather than on the soft drink 123
v. 1.0: 10/12/16 30
somebody had just dribbled down by back. Despite the noise, lobbying parents and sun directly in 124
my eyes, my scouting talents were on full alert as this crucial game came to a head. Brett hasn’t been 125
having his best season thus far, only having a .138 batting average over the past 8 games, but the 126
gods of softball were smiling that day. Well, smiling just enough. 127
128
12. It was a beautiful hit. Had Brett been able to perform like this throughout the season, I would 129
have been looking at him too for a program needing his skills. The ball sailed past the infield, into left 130
center-field, and Joey was on it, but not before Harper, hell-bent-for-leather, had rounded third. 131
Coach Dugan must have seen the gods smiling and waved Harper home. I couldn’t believe it! Aubrey 132
Williamson didn’t really need to hype the play over the PA system but I doubt anyone was paying 133
attention as crazy the crowd had gotten in the moment. Harper was almost on the base-line – maybe 134
a step or two outside of it – zeroing in on home plate. The catcher, too well trained to be lured into a 135
run-down that the Carley infield could hardly win against Harper, had moved a little up the baseline 136
to position herself for the play, but nowhere near the runner yet: still protecting home plate. Good 137
job. 138
139
13. I saw Joey’s arm cock, his/her body wind up for the throw. Instead of going to the cutoff, Joey 140
must have realized that Harper was going for the win, Joey zips it straight to the catcher. Joey is 141
definitely something of a glory-hound (since Casey was available at shortstop for the cutoff), but, in 142
this case, s/he was probably right to go for the long bomb to save the game and the season. 143
144
14. How many times, both on video (FaceTube and game films) and in person had I watched Joey 145
make such a spectacular and difficult throw? As I said, the kid has juice: strength and accuracy. But 146
not today. Not for the first time, Harper’s batter’s helmet had flown off as s/he ran. It lay somewhere 147
close to Casey, upside down between second and third bases. Considering the fact that Harper was 148
running away from Joey around third, I’m sure s/he had to have seen Harper’s bare head as s/he 149
hurled it. The meeting of horsehide and skull was audible (or, at least, I imagined so, over the 150
screams of the crowd). Harper, body arched, stumbling, limp, collapsed into the dust as though shot. 151
Had that been thrown to the catcher, Harper would have had no chance and Joey’s throw would be 152
remembered in a much more favorable light. 153
154
15. In an instant, the field goes silent. It took a few seconds for anyone to move. Several players 155
from the field ran to Harper and both dugouts came out a few steps. One of Carley County’s coaches 156
was right on Harper, trying to keep him/her still. As with all high school games, they’d arranged for 157
paramedics to be stationed behind the stands, and they were called out right away. I found myself at 158
the bottom of the stands on the fence, next to the dugout, watching everything. By then, Joey had 159
made it in from left field and some of the Milton County players started getting a little angry and a 160
shoving match broke out. In the scuffle, I heard someone say something about a cheap shot, and 161
heard Joey say that it had been an accident – I remember hearing the word “fluke” standing clearly 162
against the hubbub. I do remember hearing her/him gripe in the dugout before the game about not 163
being “allowed to win,” and now his/her tone reflected (to me) more self-pity than genuine remorse. 164
Before things got out of hand, Coach Brown and Dugan grabbed Joey by the arms and got him/her 165
v. 1.0: 10/12/16 31
into the dugout as quick as possible. I could almost hear Dugan say to Joey, “Keep your mouth shut. 166
Don’t say anything else!” For my part, I think that throw was intentional – impulsive, quickly 167
regretted, but deliberate at the time. Joey couldn’t have missed home plate (or the catcher close to 168
it) by that much accidentally – or even under the pressure of the moment; I’ve been watching Joey 169
play high-stakes ball too long to believe otherwise. As for Harper, s/he should bounce back from it. 170
Lots of players have recovered from a concussion and played a full career. Hopefully that’s the case 171
with Harper. 172
173
174
WITNESS ADDENDUM 175
I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 176
The material facts are true and correct. 177
178
Signed, 179
180
__________________________ 181
Gerry/Geraldine Brand 182
183
SIGNED AND SWORN to me at 10:15 AM, August 15, 2016. 184
185
______________________________ 186
C.M. McCormack, Notary Public 187
Gerry/Geraldine Brand
v. 1.0: 10/12/16 32
STATEMENT OF JOEY COBB
1. My name is Joey Cobb. I am named after my Aunt Josephine/Uncle Joseph but to prevent 1
confusion, my family has called me “Joey” from infancy. I am 17 years old and just finished my junior 2
year at Carley County High School. Go Bulldogs! Woof! I have been on the co-ed softball team since 3
my freshman year, being one of the youngest starters ever. I have been playing some sort of baseball 4
or softball since 2009, and have always loved the game. When I was in elementary school, I tried 5
pee-wee football, and I used to be on the neighborhood’s swim team every summer. Something just 6
sort of clicked for me when I started to play baseball/softball. Something with base/softball just felt 7
right. You get out there, the stands are full, and everyone’s cheering. It’s like everyone in town came 8
to see you. Time stands still, and you feel like you can do anything and have a great life doing it. You 9
almost feel like you’re going to live forever. It’s a great game. Like Coach K.’s husband has said, “It’s a 10
part of our past. It reminds us of all that once was good and it could be again.” Plus, I don’t like 11
getting wet, and football can get you hurt. 12
13
2. Like most schools around here, we don’t have enough students to make full-blown teams for 14
baseball or softball. So, the state athletic board came up with co-ed softball. That way, those of us 15
who want to play ball have an option each spring. We play on a typical softball field and use the 16
same ball that fast-pitch softball uses, like the one in the picture. It’s about 11 inches around. For the 17
baseball players, it takes a bit of getting used to in handling the ball since it’s a bit bigger than a 18
baseball. But everyone gets used to it pretty quickly. It also takes a bit of getting used to playing with 19
the guys/girls on the team. The team has to have an even number of boys and girls on the 14-player 20
roster. We field the typical spots in the infield and add a fourth outfielder. The 10 positions have to 21
be at least six of one gender and four of the other on the field in any inning; this allows substitutions 22
to be made during the game when needed. 23
24
3. Most of the co-ed players also play summer league baseball or softball. That’s where the real 25
competition happens. Like I said, I’ve been playing ball since 2009, and was only able to play summer 26
league until I got to high school. Peach State Ball is the organization that fields the baseball and 27
softball teams over the summer in our part of the state. You’ve got to try out to make the teams and 28
it’s very competitive, with everyone wanting to play on the top teams: the Bears and Bombers. If you 29
want a future playing ball, you have to play in the travel leagues and Peach State is one of the best in 30
the state. We travel to tournaments around Georgia playing other summer teams. We’ve been up to 31
Atlanta, down to Valdosta, and always go to a big tournament in Columbus every year. We’ve also 32
gone to tournaments in Panama City and Chattanooga. It’s a lot of work and time, but it’s also a lot 33
of fun. Since Peach State is our summer league, it’s made up of players from several of the high 34
schools in the area, so everyone winds up playing with and against each other over the course of 35
several seasons. Everyone plays the summer to be a prospect, but only a few get the call. 36
37
4. When I started high school, I easily made the co-ed softball team. Coach Dugan is a summer 38
coach in Peach State, and s/he put in a good word for me with Coach Brown here at Carley County. 39
v. 1.0: 10/12/16 33
Coach Brown was impressed and got me on the roster right off the bat. Yeah, there were a few other 40
players who were not happy that I made the team a “year early” since most really don’t make it until 41
their sophomore year. During the school year, I am the left center fielder. It’s a pretty active position 42
and I’ve got a fantastic arm to hold runners pretty easily. With me in left field, everyone knows you 43
have to pay attention to play the infield. 44
45
5. There are limited slots on the school’s team, and Coach Brown said that he needs every player 46
to pull his/her weight to help make the Bulldogs state champs. Coach Brown has been drilling into 47
our heads the importance of the state championships since I first joined the team, and we all want 48
that trophy. 49
50
6. That’s where summer ball comes in handy. Like I said, Coach Dugan from Milton County has 51
been my coach over the summers. While I enjoy playing on the school team, I am much more 52
challenged by the summer travel league. This is where the best of the best play against each other; 53
we don’t have any scrubs at this level. Mostly this is because there are some steep fees to play in the 54
summer travel league and the practices are located two counties away from Carley County. It takes 55
an hour each way to get to and from practice three days a week! 56
57
7. Since it’s so far away, we all carpool to get to practices. All of the teams practice at the same 58
times, so we’re all around each other every day in the summer. I would typically ride in the car with 59
Chris, Sarah and Chipper. Thankfully, Harper lives in Milton County; Harper is just not one of my 60
favorite people, so I’m fine to not have to be stuck in a car with him/her for two hours each day. I’ve 61
been told that I’ve got a future in the game and I’m thinking of college and possibly beyond college. 62
Maybe the pros! I’ve learned in team sports that there are lots of people that you may not be friends 63
with, but who are teammates and you need to work together to get that win. Look, this is my future. 64
I know a lot of kids dream of the big leagues, but it’s a real possibility for me. I’m not going to do 65
anything to jeopardize that just because I don’t get along with everyone I play with. 66
67
8. Since most of us play Peach State ball, I’ve been able to play with or against many of the people 68
that we come up against during the school’s season. I feel this gives me an edge. I try to observe 69
both my teammates and opponents so that when I play against them later, I have an advantage. 70
Obviously, not everyone can be at my level, so the school season is more of a practice season for me. 71
72
9. Harper is one of those players that I have played both with and against over the past few years. 73
What a showoff s/he is! Early in the season last spring, we had a non-region game against the Milton 74
County “Minutiae-men.” Harper was smothering first base when I hit what should have been a 75
double. Harper was all over the bag and deliberately got in my way so that I was not able to make it 76
to second. Of course I was mad, wouldn’t you be? So, I told Harper what s/he needed to hear and it 77
almost got physical. Coach Kinsella got between us and shut Harper up pretty quickly. The umpire 78
gave us both a warning. Can you believe it? 79
80
v. 1.0: 10/12/16 34
10. I know that some of the other players on both the summer and school teams think that I should 81
keep my mouth shut with Harper and just take it. No way! I stand up for my rights! After all, what is a 82
ball game without a little trash talk? That’s part of the game. I never take it too far and throw it 83
around in the spirit of the game. I am a top player and some of the others are just jealous, that’s all it 84
is. To stay on top, I spend a lot of extra time practicing my throwing. You have to practice drills daily 85
to keep your arm in good condition. I’m not just talking straight throws to the cutoff man. I mean 86
putting the ball right where I want it as quickly as possible; that can make the difference in a game. 87
There are lots of resources for learning to throw that will increase velocity and/or accuracy. I practice 88
throwing at a series of stationary targets and try to hit the center of the target every time. 89
90
11. Since I’ve gotten so good with my throws, I thought it would be fun to record my skills with 91
some trick shots. I’m not quite Dude Perfect, but it’s still a good show. My brother and I spend a lot 92
of time trying all sorts of trick shots. He sets up the camera every time and we see what we can catch 93
on video. Sometimes, some of my teammates are in the videos, especially Casey. I think s/he looks 94
up to me with my skills and is hoping something rubs off on him/her being in my presence. Now, 95
believe me it takes a lot of takes to get one of those trick shots to work! One had my brother throw 96
his glove in the air and I threw the ball at it, putting it right in the web. It’s nothing like what Ryan 97
Mason does, where he throws the ball right through a falling tube, but it was still pretty cool. 98
Another favorite was when I fielded a one hop ball in left field and quickly turned to throw it into a 5-99
gallon paint bucket set up at home base. Talk about a hole in one! It had 117,672 hits on that one on 100
FaceTube. I’ve even managed to hit the catcher’s mitt at home blindfolded a couple of times, though 101
most of them sailed a bit wide. After Harper got hurt, Coach Dugan suggested I take them all down 102
until the dust settles. 103
104
12. I think that the FaceTube videos of my throws helped with scouts finding me. The state rules 105
say that I can’t be contacted by college recruiters or pro scouts until the end of my junior year. Up 106
until then, the recruiters cannot call or e-mail the students. But, the recruiters can talk to coaches 107
and see the players in action during games before then. During Peach Ball before my junior year, 108
Coach Dugan told me we had a lot of scouts at our game looking at me. There were a few at the 109
Campbell County games too, which was big since they don’t really come to the co-ed games that 110
much since it’s not “true ball.” However, I know once we got to the playoffs, I was getting more 111
attention. 112
113
13. I was looking forward to the end of the co-ed season so I could actually talk to some of these 114
folks about my future. However, since that game on May 25, 2016, there seems to have been a 115
damper on the number of recruiters and coaches who have called me or taken my calls to them. I’ve 116
left lots of messages and sent out e-mails, but few have responded. That showboat Harper is the one 117
to blame, not me! 118
119
14. This past season had been one of our best seasons; we could feel everything falling our way. We 120
got to the semifinal round of the state playoffs and came up against Milton County. There has always 121
been a lot of tension and high energy when we’ve played them. One big omen I should have seen 122
v. 1.0: 10/12/16 35
was that Rags, the Carley County mascot, was missing for this game. In the quarterfinal game against 123
Hazzard County, Peyton, the kid who wears the Rags costume, tried to go old school with his routine 124
on top of the home dugout and jump through a flaming hoop. Peyton didn’t get quite enough air 125
and, well, let’s just say that a polyester and foam aren’t the most flame-resistant materials and make 126
a horrible stench when they burn. Thankfully, Peyton was okay but ol’ Rags is done for the season. 127
Despite Rags’ absence, this was supposed to be one of those life-changing games on the way to the 128
championship, but it changed my life in a different way. 129
130
15. Okay, so what happened is it was the bottom of the 9th with Milton up to bat. It had been a close 131
game all day. We were tied up 4-4, and Harper managed to get him/herself to second base. Brett 132
Biddle shot a hit right through our pitcher’s feet; it almost took Chris out. I naturally took off towards 133
2nd to grab the ball and throw Harper out at 3rd. Before I knew it, the ball then ricocheted off of the 134
bag and shoots into left field, no bother. I sprint over to it, scoop it up just behind Casey and glance 135
at Harper as s/he was getting to 3rd. I was planning on hitting Casey directly at 3rd to keep Harper 136
there. Just before I fired the shot, I saw Harper was rounding 3rd and heading for home. Coach Dugan 137
was losing his/her mind trying to get Harper to stop but I guess the hot shot knew more than the 138
coaching staff that day and s/he just ran right through Dugan’s stop signs. There was no way that 139
slob was going to steal home and the game from me like that. S/He must have thought I had taken a 140
vacation out there thinking s/he could beat my throw to the plate, but I was going to show him/her 141
how wrong s/he was. I grabbed the ball out of my glove, crow hopped towards the plate, and sent 142
the ball to home, getting it there long before Harper stumbled his/her way to the plate. Rachel saw 143
what was happening and made the perfect target for the throw; it was going to be one for the ages! 144
I’ve done this a thousand times before, in games, in practice, on video. I really don’t know what 145
happened. It was pretty late in the day, and there were some fierce shadows everywhere. I had my 146
hat/visor low and the sun wasn’t a problem. I swear I sent the ball to Rachel’s mitt, not at Harper’s 147
head. I must have been a bit off balance when I had to adjust towards home base after fielding the 148
ball from a weird angle. It went wide and should have wound up in the fence behind the plate. 149
Rachel may have been able to grab it before Harper got there, but it would have been close. Harper 150
should not have been way out there, no way. 151
152
16. The next thing I know Harper goes down in the dirt about 10 feet outside of the third base line. I 153
ran over to see if s/he was okay. Right up against the Milton County dugout, about 10 feet from 154
where Harper was lying in the dirt, I found the ball. The ball was still live and it was just instinct, you 155
know. I picked it up and went over to tag him/her out to end the inning. I didn’t mean anything by it 156
but you would have thought the Milton players thought I had kicked Harper in the head while s/he 157
was lying there the way they reacted. The umps had to pull players apart, and they suspended the 158
game to sort it all out, and get Harper out of the dirt. I couldn’t tell if Harper had his/her helmet on 159
or not, but I wasn’t paying attention to that. If s/he wasn’t wearing it, what am I supposed to do? 160
Throw it softer? 161
162
17. I know Harper says I beaned him/her on purpose, but I would never do that! I know I’ve got 163
skills but nothing like that. With my running, losing balance, throwing on the fly, Harper running 164
v. 1.0: 10/12/16 36
away from me and being so far off the target, there’s no way I could have nailed him/her like that if I 165
tried. Yeah, Harper is a snot who will never make it beyond Peach State ball, but why would I throw 166
away my entire future with a throw like that? 167
168
169
WITNESS ADDENDUM 170
I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 171
The material facts are true and correct. 172
173
Signed, 174
175
__________________________ 176
Joey Cobb 177
178
SIGNED AND SWORN to me at 4:20 PM, July 28, 2016. 179
180
______________________________ 181
C.M. McCormack, Notary Public 182
v. 1.0: 10/12/16 37
STATEMENT OF AUBREY WILLIAMSON
1. My name is Aubrey Williamson. If you listened to sports-talk radio, or followed high-school 1
sporting events in Milton County, you’ve probably heard my voice a million times. 2
3
2. “You have the perfect radio voice!” That’s what people always said to me back when I started 4
attending Metropolitan University. So, I decided to sign up to be a volunteer disc jockey at the 5
campus station WMPU. From there, I worked my way into doing play-by-play commentary for the 6
university basketball games after the student announcer graduated. 7
8
3. This was back in the good old days when the students ran the station, and their programs were 9
broadcast over the airwaves 24/7. As luck would have it, the station manager of Miltonville’s sports-10
talk station, WMLT, was a huge basketball fan, and listened to my play-by-play all the time. Next 11
thing I knew, the manager offered me a part-time producer job, so I was working in real radio for 12
real pay at the same time I was working as a college radio volunteer. 13
14
4. I went full-time at WMTV after I graduated. At first, I mostly did lots of production work, voicing 15
a lot of the commercials that aired on the station and promos/bumpers for other programs. But then 16
I was able to add a new Sunday morning show—The Breakfast Hash—for fans to call in and rehash 17
the college games from the day and/or week before. 18
19
5. The Breakfast Hash developed a core audience of Metropolitan University fans, and I was 20
hoping to broaden the subject matter with an eye towards syndication. But that’s when the media 21
conglomerate that owned WMTV suddenly decided to change the station format to hip-hop oldies to 22
improve ratings. The corporate brass jettisoned the entire staff—said we were just a bunch of sports 23
jocks who didn’t have the sense to know that you never play Notorious B.I.G. back-to-back with 24
Tupac, and that you sure can’t play Lil’ Nemesis T next to Ludacris because it just sounds weird. Go 25
figure! 26
27
6. I got a small severance package, which I combined with little bit of savings, to buy some 28
equipment for a home recording studio. My initial plan was to continue producing voiceover work 29
for radio and television commercials. But it also occurred to me that I could build on my past 30
experience as a college play-by-play announcer. I didn’t want to just be sitting around the house 31
talking to myself. I missed going to games. It was summertime, so I started helping out coaching a bit 32
with a summer league softball team made up of players from various high schools, the Bombers. I 33
didn’t have that much experience but for being a fan but I did what I could, mainly running drills for 34
the kids. The team was part of the Peach State Ball organization, based in Miltonville at the 35
Dillardstown Sports Complex. These are kids who are hoping to make it to the next level after high 36
school. All of the players come from the various high schools around this part of the state, with a 37
good number from Milton, Carley and Campbell Counties. It was fun to be involved with the best 38
softball players around as they traveled to different tournaments around the southeast. We even 39
v. 1.0: 10/12/16 38
had a few of the girls make the regional All-Star team that played in Ohio. I was surprised how much 40
of a following both the boys’ baseball and girls’ softball teams had over the summer. That’s when it 41
occurred to me that there might be a market for coverage of high school sports in Milton County. 42
43
7. At first, sort of as a pilot project, I set up a network to stream play-by-play coverage of Milton 44
County High School games and events. I called my new venture, Play-By-Play Sports Productions, Inc. 45
It was an immediate success! By the end of the first school year, several other schools wanted 46
broadcast programming for their softball, football, basketball, soccer, and lacrosse games. There was 47
even demand for some of the lesser-watched events like fencing and swim meets. 48
49
8. As Play-By-Play Sports Productions grew, adding new schools to the broadcast network, we also 50
added more services to create a fuller sports media package—everything from public address and 51
play-by-play announcers, web streaming of games, to team marketing and digital scouting services. 52
We had enough interest in the area to add a Sunday afternoon call-in show to talk about the 53
previous week’s games and preview what was coming up. It worked really well, almost becoming a 54
regional sports “network” for the high schools and counties in the area. 55
56
9. The best part of being the founder of Play-By-Play Sports Productions is that I get first choice of 57
the games I want to cover myself. Naturally, on May 25, 2016, I wanted to be at the semifinal co-ed 58
softball playoff between the Carley County High School Bulldogs and the Milton County High School 59
Minutemen. After all, there was a lot riding on this game. Not only would it determine who would 60
advance to the state championship series, but also featured a couple of the key players that were 61
being scouted for scholarships or even pro offers. On a personal level, it’s fun for me because I know 62
some of the players from my days coaching the Bombers—such as Milton County catcher Rose Peña 63
and Carley County 2nd baseman Sarah Fleming and right-center fielder Christa McDaniel. I knew a 64
number of other players from the summer leagues as well. 65
66
10. Another draw to the game was the rivalry between Milton County and Carley County. There is 67
no love lost between these teams. It’s odd, in a way, since during the summer, some of the kids play 68
on the same travel teams together and do it quite well. But not during the co-ed season. This game is 69
always high on tension and competitiveness. This is in large part due to the rivalry between Joey 70
Cobb and Harper Bryson. Every time they are on the same field, there’s talking, chattering, insults 71
and all around aggressiveness. They don’t give an inch and try to take a mile from each other. 72
Around here, it’s become one of the biggest rivalries in sports, up there in the echelons of Manning 73
vs. Brady, Allison vs. Yarborough, A-Rod vs. everyone. True to form, Harper and Joey didn’t hold back 74
during the game. Every time they came close to each other at first, it got loud. The umpire gave them 75
each a warning and Annie Kinsella, Carley’s first base coach, had her hands full keeping them in 76
check. Harper also got a warning from the umpires about his/her helmet coming off in the 3rd inning 77
at second base. A 2nd warning on the same issue gets you an early trip to the showers. 78
79
11. Having covered so many games, I’ve seen firsthand the talent that both Harper and Joey have. 80
Joey is probably the better player all around, but Harper’s ego makes up for it. S/He tried to get me 81
v. 1.0: 10/12/16 39
to play walk-up music every time s/he came to bat but we don’t do that. S/He also wanted me to 82
introduce him/her as “Number 9 in your programs, but number 1 in your hearts!” or some tripe like 83
that. Whatever, just play the game kid! Joey’s arm is legendary and one of a kind. We’ve linked to a 84
few of his/her FaceTube videos as part of our media package, and they do help drive up viewers to 85
our site. I was excited to see his/her cannon in action this afternoon. So were some scouts. They 86
tend to skip the co-ed games since it’s not really the ball their organizations play, but you can still see 87
some of the raw talent on display during these games. 88
89
12. While my roots are in doing the play-by-play, with so many management commitments these 90
days, I find that I’m best suited to making the public address announcements. With it being such a 91
big game, I had Steve Dillard handle the play-by-play in the booth next to me, which was great. He’s 92
a big name in these parts and has a great social media following on Twitter. It’s less stressful—you 93
don’t have to focus quite as intently as you do for the play-by-play. But you still get to sit in one of 94
the best seats in the house—the press box above home plate. There’s nothing like having a bird’s 95
eye view of the field. And the school principals are always up there watching the game, which gives 96
me time between innings to brainstorm with them about ways Play-By-Play Sports Productions can 97
help them with their sportscast needs. 98
99
13. The Carley-Milton match up was proving to be a real nail biter going into the ninth inning. Play 100
had been underway for about two hours, and the game was all tied up 4-4. 101
102
14. In the bottom of the ninth, the first Milton County batter, the left-center fielder Murphy Horner, 103
was swinging for a walk-off home run. S/He exercised extraordinary patience, waiting through three 104
balls for a perfect pitch right in the wheelhouse. Horner connected, but didn’t get quite enough 105
power on the ball to take it over the fence, flying out to Carley County right fielder Kelsie Whitmore. 106
One out. 107
108
15. Next up was first baseman Harper Bryson, who jumped on the first pitch for a precisely placed 109
single to shallow center field. Harper moved from first to second base when Milton’s catcher Rose 110
Peña laid down a sacrifice bunt, which dribbled perfectly down the third-base line. That must have 111
rattled Carley County pitcher Chris Gant, who walked the next batter, Milton’s short stop Chase Katz. 112
Chris must have let the pressure of the moment get to him; he got flustered trying to put it down the 113
middle of the plate, but kept dropping it too deep behind the plate and out of the strike zone. 114
115
16. Now, with Harper on second and Chase Katz on first, Milton’s center fielder Brett Biddle strode 116
up to the plate. The crowd is really getting into it and the players in the dugout are chattering up a 117
storm. I could even hear some of the chirping from the players on the field; this was getting good. At 118
first it looked like Biddle was on the ropes, running the strike count to 0-2 with two fouls into the 119
stands down the third base line. Gant’s next two pitches were a bit low, trying to get Biddle to 120
ground one in the infield for an easy third out. The heat on the field was getting up there, definitely 121
helped by the bright setting sun coming in low, right over the Milton County dugout, casting the long 122
shadows on that beautiful spring afternoon. On the 2-2 count, Biddle connected with a perfect pitch, 123
v. 1.0: 10/12/16 40
shooting the ball straight up the middle through Gant’s feet. At first, it looked like the ball was 124
headed straight to center field, right between Joey Cobb and Christa McDaniel, Carley County’s 125
middle outfielders. I was on my feet, excited for one of my girls to have the chance to end the threat 126
from Milton County and the inning. Instead, the ball hit the bag at second base just left of the inside 127
corner, ricocheting into left field and bouncing toward the foul line well behind 3rd base. But in a 128
flash, Joey shifted his/her direction on a dime, sprinting about 20 feet to snag the ball before it 129
reached Carley County’s left fielder, Jerrado Gregory. I winced a little bit seeing that Jerrado had a 130
perfect line to the ball and then to Casey Dansby, the shortstop/cutoff looking back to the outfield. 131
132
17. But I shouldn’t have been surprised at this; Joey is known for his/her incredibly accurate and 133
strong arm. I mean there were FaceTube videos of him/her throwing trick shots into a bucket at 134
home plate and knocking Coke cans off the dugout fence from the pitcher’s mound—that’s how s/he 135
got the attention of the scholarship scouts. So, when Jamie Dugan, Milton County’s third base coach, 136
saw that Joey had snagged the ball, s/he gave Harper the stop sign to stop him/her at third base and 137
load the bases. 138
139
18. I don’t know if Harper, who had taken off at the crack of the bat, willfully ignored the sign, just 140
didn’t see it, or just had too much momentum going to stop. There seemed to be no stopping. S/He 141
rounded wide around third and kept on barreling toward home plate, losing his/her helmet at the 142
bag, which bounced to a stop right at the coach’s feet. 143
144
19. Dugan is yelling “stop!” Joe Hodges is pointing at and yelling “HOME!” to Joey from third base. 145
Joey digs the ball out of his/her glove. Harper is around third, turning to home. The helmet is in the 146
air, spinning to the ground. The crowd is losing its mind. This is it folks! This is why you parted with 147
your hard earned money this afternoon! Call grandma and make sure she’s got her radio on so she 148
won’t miss this one! Joey cocks his/her arm. The catcher is lining up, giving a target for the throw, for 149
the out, for the game. Joey lets it loose and sends the ball on a line to the plate – but something’s 150
off…it doesn’t quite look right, the way Joey throws the ball. Nevertheless, it’s going to be a close 151
one! Can Harper beat the throw and win the game? But wait! The throw goes wide! Rachel sees it 152
and starts to move to her left to catch the ball. Will it be too far from the plate to make a play? Oh! 153
Harper’s down! Harper’s down! The ball shoots up to the right and into the net above the Milton 154
dugout. Harper’s still down. What is going on? 155
156
20. It took me a second, but then it came together: Joey fired wide and nailed Harper right in the 157
back of the head as s/he was halfway between third and home. The ball made a sickening 158
“Thwumpt” when it hit, and Harper face-planted right into the base path cinders, about 20 feet from 159
the plate. I heard it when it happened, but didn’t realize what it was. 160
161
21. The crowd gasped, then fell silent. Not a sound. Many in the stands appeared to be praying as 162
the coaches and umpire rushed to Harper. Players ran in from the field out of instinct. Joey trotted in 163
toward the crowd, late to the scene. I thought s/he was going to check on the injured player since 164
v. 1.0: 10/12/16 41
his/her shot felled the runner; instead, s/he picked up the ball and tagged Harper on the leg as s/he 165
lay unconscious on the field. 166
167
22. I've seen Joey make a million perfect throws all over the diamond -- I am so familiar with the 168
mechanics of his/her throw, I see it in my sleep. In fact, I am looking forward to seeing it in the big 169
leagues one day. This throw was different: Joey held onto it just a millisecond longer, and it resulted 170
in a wild throw that, unfortunately, caused a nasty injury. You could tell the throw was different from 171
the moment it left Joey's hand. Was it the sun, shining full on Joey’s face? Was it the sweat on 172
his/her fingertips from the stress of the play? Was it nerves, finally getting to the great Cobb? It may 173
have been as simple as Joey being forced to readjust in the midst of the throw when s/he saw Harper 174
passing third base. I don’t know. What I do know is that If Joey really wanted to hit Harper, there's a 175
good chance that s/he could have done it. But it would have looked the same as Joey's other throws 176
that season. This was a gut-wrenching accident, nothing more. 177
178
23. As many games as I’ve called over the years, I’ve never seen anything like this. Sure, I’ve seen 179
batters beaned by a pitch, and infielders spiked by a runner. I’ve heard an ACL pop from the box. 180
Still, it’s hard to believe that this shot was payback. I’m glad I wasn’t calling the play-by-play. I 181
probably would have been at a loss for words. 182
183
184
WITNESS ADDENDUM 185
I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 186
The material facts are true and correct. 187
188
Signed, 189
190
__________________________ 191
Aubrey Williamson 192
193
SIGNED AND SWORN to me at 9:15 AM, August 12, 2016. 194
195
______________________________ 196
C.M. McCormack, Notary Public 197
v. 1.0: 10/12/16 42
STATEMENT OF JAMIE DUGAN
1. What’re you lookin’ at? Oh, right. So, you mighta hearda me. I’m Jamie Dugan. I’m originally 1
from Sudlersville, Maryland, but moved south to play college ball on scholarship at UGA. I was one of 2
the most highly-sought-after high school catchers in the country, but once I got to college, the only 3
record I ended up setting was for most career ejections. I was eventually tossed from the team also 4
when I got angry and threw my bat a little too close to some teammates, and I dropped out of 5
college. Shiftless, I tried to select a career path that fit with my disagreeable personality, short fuse, 6
and thinly-veiled contempt for humanity. I became a parking meter attendant for awhile, but the 7
thrill of ruining peoples’ days eventually gets old. For a year, I provided “customer service” for an 8
internet service provider, which certainly fit with my skill set, but in the end, the game is in my 9
blood. It was inside me, I quit trying to deny it. So, to scratch that itch, I got into coaching several 10
years ago after I finished my online degree in business management from Corinthian College. 11
12
2. Now, I monitor in-school suspension by day at Milton County High School and help coach the 13
softball team by night. One day, I was on the toilet, reading my contract, and it turns out, I get a 14
bonus based on how far Milton County advances in the post-season. Who knew?! Now, I have 15
several expensive habits – er, hobbies – so you can imagine my delight. I was even inspired to coach 16
the Peach State summer league so I could mentor the Milton County talent and scope out the 17
competition. 18
19
3. In the summer league, I coached a young gun named Joey from Carley County. Even though 20
s/he’s not on my team during the school year, I couldn’t help taking an interest and got him/her on 21
the Bears/Bombers for travel play. S/He’s got some real, raw talent. I gotta admit, his/her smack talk 22
and hot-headedness reminds me of myself at his/her age. With his/her talent, you expect to have 23
some of that cockiness and drive. I can see Joey doing big things in the game, which is why it’s so 24
important that s/he learns that just because s/he has talent, doesn’t mean s/he has the world by the 25
tail. I would hate to see that talent squandered. Joey is being looked at by a number of scouts. S/He 26
can definitely get a ticket to a Division I school without blinking. There’s one scout, Bean, who thinks 27
s/he can get Joey a contract with a minor league team. Bean’s been hanging around the ballfields 28
during the summer, trying to work his/her way into the front office somewhere. S/He’s always trying 29
to chat me up, and give me all of this great advice based on his/her latest computer calculations, 30
who to bat when, who should start where, all that garbage. I know the game. I know these kids and 31
see them play every freakin’ day. I don’t need numbers and charts and crap to know how to coach 32
them up. 33
34
4. During the summer season in 2015, I had Joey and Harper Bryson together on the 35
Bears/Bombers. Joey has always been the left fielder on the A-team for Peach State, but Harper 36
finally made enough progress to move up from the Cardinals/Diamonds after a few summers. During 37
the school year, Harper is my starting first baseman. However, Harper and Joey have always had a 38
tumultuous rivalry, even when they were on the same team that summer. I hate to say it, but I think 39
v. 1.0: 10/12/16 43
Harper knew Joey had a future in the game, and Harper’s own future potential was not quite as 40
certain. It was not unusual to hear them goin’ after each other in the clubhouse or the dugout. Joey 41
was bragging after a particularly stellar performance, and I remember Harper huffing, “You’re like 42
school on Saturday. No class!” To which Joey responded, “Hey Murphy? What’s the difference 43
between Harper and a newborn puppy? The puppy stops whining after a few weeks.” Harper shot 44
back, “J, you’re the reason there are instructions on hand soap,” which led to a shoving match that I 45
quickly broke up. I don’t really like all of this business between the two of them, but it does give me 46
a little hope that this generation still has a bit of that fire we had back in my day. 47
48
5. Harper’s a good kid. However, s/he can also be a bit of a hot-head and pretty thin skinned. My 49
first interaction with him/her was a game a few years ago where Harper threw his/her helmet across 50
the infield after not getting a call his/her way. It almost took out the shortstop from my team and I 51
almost lost it. Who the crap does this kid think s/he is? I was all up in the ump’s face, trying to get 52
him to toss Harper for this display, but he wouldn’t do it, just gave Harper a warning. To his/her 53
credit, I never saw him/her do anything like that again, so maybe it was a lesson of some sort. 54
55
6. Now we’re in the school season. Milton County has been surprising everyone with the streak 56
we’re on. I wanted to ride this train for as long as it would take us! Carley County was at the top of 57
their region as usual, mainly because of Joey’s talent in the outfield. S/He has gunned down several 58
runners trying to stretch a single to a double or a double to a triple. There have been a few Sports 59
Center plays at the plate from left field too. Makes me kinda proud, you know? So, both of our 60
seasons got us together for the semi-finals. Everyone knew this was going to be one of those annual 61
“game of the century” kinds of deals. It was a huge crowd and was being broadcast on radio. A 62
couple of news stations had cameras set up for footage. Tons of students showed up; Milton even 63
had their own cheerleaders, the “Liberty Belles.” Cheerleaders at a ball game? Of course, Bean was 64
there and even gave me some “free advice” about the team and his/her “latest metrics” or some 65
other mumbo jumbo. While it was going to be a great game, I knew the crap between Joey and 66
Harper was going to be part of the main attraction. 67
68
7. I guessed right, and it didn’t take long for their mouths to flow. I’m pretty sure I overheard Joey 69
tell Harper s/he’d allow Harper to mow her/his lawn once Joey got to the big leagues. There was a 70
lot of glaring and trying to intimidate each other on both sides. In the middle of the ninth inning as 71
Joey was jogging to the outfield and Harper was heading to the dugout, I heard Harper taunt, “Grab 72
a spoon. It’ll help you to taste defeat.” I chuckled and shook my head as I got in my third base coach 73
position. That was a pretty good one. 74
75
8. The game was a tight one, tied at the bottom of the ninth. The crowds were really into it. You 76
could feel the electricity in the place. It was impossible to not get that this was a big moment, from 77
the crowd, to the scouts, to the radio call and game being streamed on the internet. This is why 78
players give up so much for the game. This is why I came back to the game after being gone so long. 79
We’ve got two outs, but things were looking promising for the Minutemen because we had two 80
runners on base, Harper on second and Chase on first, with one of our most consistent hitters at the 81
v. 1.0: 10/12/16 44
plate, Brett Biddle. Joey and Harper kept it up while Harper was on second. I didn’t pay any attention 82
to them; it was all the same crap they’ve been saying to each other all season. Sure enough, Biddle 83
gets a base hit up the middle, and Harper takes off towards me at third base. I’ve been the third base 84
coach for every team I’ve ever coached because I don’t trust anyone else to strike that delicate 85
balance between aggressive base-running and stupidity. I watch as the ball hits second base and 86
dribbles toward left field. Joey runs at top speed to beat the left fielder to the ball, and I hold up 87
both hands emphatically—the universal symbol for STOP! Harper is preparing to round third anyway, 88
so I jump up and down and yell “stop!,” desperately trying to get Harper to stay safely at third to 89
load the bases for our slugger, Jan Levinson, set to bat next. Instead, Harper blasts through third 90
base and barrels past me, helmet flying off in the process. What part of “STOP” do you not 91
understand?? Plus, this thing with the helmet really gets my goat; it happens all the time with 92
Harper. S/He’s been warned by the ump once already in the game, but no matter what I or any of 93
the coaches say, it comes off a lot. I mean, the team provides the standard helmets everyone has to 94
wear. I guess you could get your own, but they’re all the same. With as big as Harper’s let his/her 95
head get, I figured every helmet we have would be a tight fit on him/her and wouldn’t come off so 96
freaking easily. By the time I turn towards the outfield to see where the ball was, Joey’s fielded it, 97
and winds up her/his cannon to deliver a powerful rocket towards home. I have to admit, after 98
Harper blew through me on his/her own hero agenda, I kinda hoped Joey would get the ball to home 99
before Harper, just to teach him/her a lesson. No harm; it would have put us into extra innings and 100
we would have gotten it done in the 10th. 101
102
9. The crack of the ball hitting Harper’s skull was stomach-churning. Harper hit the dirt like a sack 103
of potatoes, and Joey ran from the outfield to the third-base-line where Harper lay motionless. 104
Picking up the ball and tagging Harper out on his/her arm might not’ve been the most sympathetic 105
move, but Joey is a merciless competitor, and technically, the ball was still live. The out had to be 106
made. Joey immediately dropped the ball and went to the Carley County dugout and sat down 107
looking a good bit shaken. I went over there after they had gotten Harper on the stretcher and off 108
the field to check on Joey and tell him/her that freak accidents happen. I was interviewed by Stacy, 109
the principal, for the incident report. It is something the district requires for every injury. I suppose 110
they have to do that and keep them somewhere in the front office for that school year as part of the 111
legal process or something. 112
113
10. What do I think really happened? I don’t know. It’s baseball. Yeah, I know we’re playing softball 114
here, but it’s essentially the same thing. Things happen you can’t control. It’s part of the game. You 115
have to learn to live with the stuff you can’t control and either use it to your advantage or put it out 116
of your mind. You can’t help the slob in the stands who’s trying to get in your head by all the crap 117
they’re yelling. You can’t help the weather. Yeah, it was a sunny day. There were some clouds that 118
came through now and then, but these kids don’t see that stuff. The stuff the pros use has gotten 119
down to the little leagues now, with the fancy sunglasses, eye black and everything, to the Tommy 120
Copper bands and other “performance enhancing equipment” they find online. Back in the day, your 121
glove was your sunblock and you learned to work through it. So what happened? Just pure dumb 122
v. 1.0: 10/12/16 45
luck. Not really luck, but you know what I mean. Maybe Harper messed with Jobu or something, but 123
that throw just went wide. It happens. 124
125
11. This lawsuit against Joey is preposterous. I hate what happened to Harper as much as anyone, 126
but to try to hold another high school athlete legally responsible boggles the mind. How in creation 127
would Joey have planned this? Why would Joey do this? They don’t get along and want to beat the 128
other one every time. But this isn’t how Joey plays. No, this is on Harper. Maybe Harper is hoping to 129
cash in on Joey’s possibly very lucrative career, or maybe Harper is trying to sabotage her/his old 130
rival’s future since Joey’s got a much better chance down the road. No, Harper just couldn’t take the 131
pressure and reality of his/her skill level and future, and is now taking this cheap shot on his/her way 132
out of the game. All sports have risks. Every player gets hurt at some point in their career. You just 133
suck it up, wipe off the dirt and move along. You don’t sit there and whine and point fingers. There’s 134
no crying in baseball! The bottom line is, Harper didn’t have on a helmet in one of the most 135
dangerous situations in the game—a play at home plate—and Harper disregarded my very clear 136
order to stop on third base. If you ask me, Harper was blinded by her/his desire to be the hero, at 137
least for one game. 138
139
140
WITNESS ADDENDUM 141
I have reviewed this statement, given by me, and I have nothing of significance to add at this time. 142
The material facts are true and correct. 143
144
Signed, 145
146
__________________________ 147
Jamie Dugan 148
149
SIGNED AND SWORN to me at 2:00 PM, August 8, 2016. 150
151
______________________________ 152
C.M. McCormack, Notary Public 153
v. 1.0: 10/12/16 46
Form JCBE-4
School Accident Report Form
Use the STUDENT ACCIDENT REPORT form to report each serious student accident coming under the jurisdiction of the school’s authority. This form, when completed, should be filed in the office for future reference for the school’s protection in case litigation may result from the accident at some future date. Minor accidents such as scratches, bruises, etc., need not necessarily be reported.
General Information
School ____________________________________________________________ □ Student □ Employee
Name of injured _____________________________________________________________________________ Last First Middle Initial
Grade___________ Age _________
Accident Information
Time of Accident ______ a.m. / p.m. Date __________
Supervised Activity? □ Yes □ No If yes, person in charge __________________________________
Nature of Injury (may be completed after medical examination)
Abrasion
Amputation
Bruise
Bump
Burn
Concussion
Dislocation
Fracture
Laceration
Puncture
Sprain
Strain
Other _____________________________________
Part of Body Injured (check all that apply)
Head
Scalp
Back
Front
Eyes
Ear
Nose
Mouth
Tooth
Neck
Trunk
Chest
Abdomen
Back
Arms
Shoulder
Upper Arm
Elbow
Lower Arm
Hand
Fingers
Legs
Hip
Upper Leg
Knee
Lower Leg
Foot
Toes
Kind of Accident Where Accident Occurred
Animal bite or insect bite
Collision with student
Contact with hot or toxic substance
Fall or slip
Fighting
Struck by auto, bike, etc.
Struck by object (swing, bat, etc.)
Student collided with object
Athletic Field
Cafeteria
Classroom
Gym
Hallway
Locker Room
Playground
Restroom
School Bus
School Grounds
Shops/Labs/Tech area
Stairway
Parking Lot
To or from school
Other: _________________
Milton County High School Bryson Harper
11 17
7:55 5/25/16
Philip Newton, Ath. Director
O
EXHIBIT 1
v. 1.0: 10/12/16 47
Accident Description Describe the accident in your own words. Please give all details so this accident report may be used to prevent other similar accidents.
Immediate Action Taken
First-aid provided: by whom? _________________________________________
Description of first-aid: _______________________________________________________________
_______________________________________________________________
Sent to nurse
Sent home
EMS called By whom? _________________________________________
Sent to hospital? □ Yes □ No Name of hospital ____________________________________ Was parent or guardian notified? □ Yes □ No If yes, by whom? _______________________________
Name of contact: ______________________ Means of contact ________________________
If no, explain: ______________________________________________________________________________
MCSD Action Taken
Discussed at staff meeting
Discussed in each class as part of regular instruction
Discussed with parent
Personal instruction given to injured
Personal instruction given to person in charge
Presented as a subject of assembly program
Policy review undertaken by principal or
district
Signatures
_________________________________ ___________ _______________________
Principal Date Print Name
_________________________________ ___________ _______________________
Activity Supervisor Date Print Name
_________________________________ ___________ _______________________
Person completing form Date Print Name
This form must be completed and filed with the secretary of your school within 1 school day of accident.
During 9th inning of softball game, Harper was hit by a throw from opposing team’s left fielder, Joey Cobb. Harper was running
from 3rd
base to home. The throw came from left field and hit Harper on the back of his/her head and knocked him/her down, injuring his/her right forearm and scrapes to the face. Harper’s helmet came off before the throw as s/he ran past 3
rd. Dugan
says Harper had been warned by umpires in 3rd
inning of losing his/her helmet. Harper was out for about 6 minutes and taken to hospital by Milton County EMS. Dugan said it was ultimately Harper’s fault for not stopping at 3
rd as instructed. When I
mentioned that this all appeared to be a horrible accident, Dugan smirked. p.s. I was in the press box talking to Stacy and did not see the play. All information is from Coaches Brown and Dugan.
EMS personnel on scene. Immediate first aid with ice bags and bandages for leg
Milton Co. Memorial
Lou Brown (coach) In person Howard Bryson
Philip Newton
Philip Newton
5/26/16
5/26/16
v. 1.0: 10/12/16 48
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EXH
IBIT
2
v. 1.0: 10/12/16 49
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EXH
IBIT
3
v. 1.0: 10/12/16 50
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JD
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JC 2
EXH
IBIT
4
v. 1.0: 10/12/16 51
GAHSA approved baseball GAHSA approved 11” softball
(girl’s fast pitch and co-ed)
EXHIBIT 5
v. 1.0: 10/12/16 52
2015-2016 School Year
ATHLETIC PARTICIPATION, WAIVER, INSURANCE, AND CONSENT FORM *Parent/Guardian(s) and Student signature required at bottom of form & initials required as indicated below
PLEASE PRINT Student Name________________________________________________________________________ _______________ (Last) (First) (Middle) (Grade Level 2015-16)
Address ______________________________________________________________________________________________ (Street) (City) (Zip)
_________________________ _________________________ __________________ _______________ (Parent Cell Phone #) (Parent Alternate Phone #) (Year Entered 9th Grade) (Date of Birth)
PARENT/GUARDIAN CONSENT FOR ATHLETIC PARTICIPATION
*Parent/Guardian and Student must both initial in blanks before each bold section below
ACKNOWLEDGEMENT OF RISK: I understand and acknowledge that participation in inter-scholastic sports teams/clubs and events is voluntary and by its very nature possesses an actual or potential risk of emotional and physical injury/illness, which may range in severity from minor to long term catastrophic injury, up to permanent
paralysis or death. While it is not possible to eliminate this risk, Students have the responsibility to help reduce the chance of injury. Students must obey all safety rules, report all physical problems to their coaches or supervisors follow a proper conditioning program and inspect equipment daily. Parents/Guardians or Students who do not wish to accept this risk should not sign this form.
INSURANCE COVERAGE: I am aware there is no District insurance coverage for medical treatment of personal injuries or property damage which may arise out of Student’s participation in inter-scholastic athletics, sports clubs and events. I understand my Student must have insurance coverage in order to participate.
Please CHECK one of the following statements regarding insurance coverage for Student for the current school year:
____ Student is adequately and currently covered by accident insurance that will cover injuries sustained while participating in inter-scholastic athletics, sports teams/clubs and events.
Insurance Company: ____________________________ Company Phone Number: ___________________________
Name of Insured: _______________________________ Policy Number: ____________________________________
____ I wish to purchase the Benefit Plan provided by the County School System.
PHYSICAL EVALUATION AND MEDICAL TREATMENT: Per Georgia Association of High School Athletics (GAHSA) a Pre-participation Physical Evaluation must be performed by a physician (MD/DO), nurse practitioner or physician assistant to medically screen each student who participates in District athletic programs. I
understand that this medical evaluation is general in nature and only performed for purpose of determining fitness for athletics. In case of an emergency or accident on/off school grounds during any school activity or athletic event, which in the opinion of school authorities requires immediate medical or surgical attention, I hereby grant permission to physicians, consulting physicians, certified athletic trainers, emergency medical technicians, and other healthcare providers selected by school authorities to provide medical care and treatment (including hospitalization if deemed appropriate) unless I am present and request otherwise or until I later request otherwise.
Parent/Guardian Student
Parent/Guardian Student
Parent/Guardian Student
EXHIBIT 6
v. 1.0: 10/12/16 53
REVIEW OF ATHLETIC HANDBOOK (including Board Policy IDF-R Athletic Code of Conduct): I acknowledge that I have reviewed and consent to the guidelines of the Student/Parent Athletic Handbook, which can be found on the Athletics page of the County School District website, the local high school website, or by request of a
hardcopy to the local high school. I understand that both Student and Parent/Guardian are subject to the rules outlined in this handbook and that violations may result in school discipline and consequences up to Student’s loss of the privilege of athletic participation and/or loss of Parent(s)’/Guardian(s)’ privilege of attending athletic events. I have read and understand the consequences of certain behavior(s) as outlined in the Code of Conduct.
TRANSPORTATION AND TRAVEL: I acknowledge my understanding of the travel-related guidelines as outlined within the Student/Parent Athletic Handbook, including the responsibility of parent/guardian to arrange transportation when not District-provided. I consent for my Student to participate in school-sponsored
athletic trips.
WAIVER: I assume all liability and responsibility for any and all potential or real risks, injuries or even death which may result from Student’s participation in inter-scholastic athletics, sports teams/clubs and events. I represent and warrant that I know of no mental or physical condition that would make it unsafe for Student to
participate in inter-scholastic athletics, sports teams/clubs and events. I understand, acknowledge, and agree that the County School District shall not be liable for any injury/illness suffered by the Student which arises out of and/or is associated with preparing for and/or participating in inter-scholastic athletics, sports teams/clubs and events.
I hereby release, discharge, indemnify, and agree to hold harmless the District, Members of the Board of Education, its past, present and future officers, attorneys, agents, employees, predecessors and successors in interest, and assigns, hereinafter “releasees”, from any and all liability arising out of or in connection with Student’s participation in inter-scholastic athletics, sports teams/clubs and events. For purpose of this Release, liability means all claims, demands, losses, causes of action, suits, or judgments of any kind that Student or Student’s parents, guardians, heirs, executors, administrators, and assigns have or may have against the releasees because of Student’s personal, physical, or emotional injury, accident, illness or death, or because of any loss of or damage to property that occurs to Student or his or her property during Student’s participation in inter-scholastic athletics, sports teams/clubs and events due to acts of passive or active negligence by releases other than actions involving fraud or actual malice. By signing below, you acknowledge that you have carefully read this voluntary Waiver and understand the potential dangers incident to engaging in inter-scholastic athletics, sports teams/clubs and events, and are fully aware of the legal consequences of this agreement.
SIGNATURE: By signing below, Parent/Guardian and Student hereby agree to/give consent for participation in inter-scholastic athletics, sports teams/clubs and events for County School District of the below-indicated Student. You acknowledge that you have carefully reviewed and agree to all terms of athletic participation, including the voluntary waiver, verify that all information contained herein is accurate, and understand that any false information may result in Student’s ineligibility for athletic participation.
________________________________________________ ____________________________________ __________
Signature(s) of Parent(s)/Guardian(s) Printed name of Parent(s)/Guardian(s) Date
________________________________________________ ____________________________________ __________
Signature(s) of Student Printed name of Student Date
Parent/Guardian Student
Parent/Guardian Student
Parent/Guardian Student
v. 1.0: 10/12/16 54
STUDENT/PARENT CONCUSSION AWARENESS FORM
SCHOOL: __________________________________________________________________________
DANGERS OF CONCUSSION Concussions at all levels of sports have received a great deal of attention and a state law has been passed to address this issue. Adolescent athletes are particularly vulnerable to the effects of concussion. Once considered little more than a minor “ding” to the head, it is now understood that a concussion has the potential to result in death, or changes in brain function (either short-term or long-term). A concussion is a brain injury that results in a temporary disruption of normal brain function. A concussion occurs when the brain is violently rocked back and forth or twisted inside the skull as a result of a blow to the head or body. Continued participation in any sport following a concussion can lead to worsening concussion symptoms, as well as increased risk for further injury to the brain, and even death. Player and parental education in this area is crucial – that is the reason for this document. Refer to it regularly. This form must be signed by a parent or guardian of each student who wishes to participate in GAHSA athletics. One copy needs to be returned to the school, and one retained at home. COMMON SIGNS AND SYMPTOMS OF CONCUSSION
Headache, dizziness, poor balance, moves clumsily, reduced energy level/tiredness Nausea or vomiting Blurred vision, sensitivity to light and sounds Fogginess of memory, difficulty concentrating, slowed thought processes, confused about
surroundings or game assignments Unexplained changes in behavior and personality Loss of consciousness (NOTE: This does not occur in all concussion episodes.)
BY-LAW 2.68: GAHSA CONCUSSION POLICY In accordance with Georgia law and national playing rules published by the National Federation of State High School Associations, any athlete who exhibits signs, symptoms, or behaviors consistent with a concussion shall be immediately removed from the practice or contest and shall not return to play until an appropriate health care professional has determined that no concussion has occurred. (NOTE: An appropriate health care professional may include licensed physician (MD/DO) or another licensed individual under the supervision of a licensed physician, such as a nurse practitioner, physician assistant, or certified athletic trainer who has received training in concussion evaluation and management.
a) No athlete is allowed to return to a game or a practice on the same day that a concussion (a) has been diagnosed, OR (b) cannot be ruled out.
b) Any athlete diagnosed with a concussion shall be cleared medically by an appropriate health care professional prior to resuming participation in any future practice or contest. The formulation of a gradual return to play protocol shall be a part of the medical clearance.
c) It is mandatory that every coach in each GAHSA sport participate in a free, online course on concussion management prepared by the NFHS and available at www.nfhslearn.com at least every two years – beginning with the 2013-2014 school year.
d) Each school will be responsible for monitoring the participation of its coaches in the concussion management course, and shall keep a record of those who participate.
I HAVE READ THIS FORM AND I UNDERSTAND THE FACTS PRESENTED IN IT.
Signed: _____________________________________ ______________________________________
(Student) (Parent/Guardian)
Date: ___________________
v. 1.0: 10/12/16 55
EXHIBIT 7
GAHSA approved Mizuno catcher’s helmet
v. 1.0: 10/12/16 56
WA
RN
ING
D
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ot
use
th
is h
elm
et i
f th
e sh
ell
is c
rack
ed o
r d
efo
rme
d o
r if
th
e
inte
rio
r p
add
ing
is d
eter
iora
ted
. Sev
ere
hea
d o
r n
eck
inju
ry in
clu
din
g
par
alys
is
or
dea
th
may
o
ccu
r to
yo
u
des
pit
e u
sin
g th
is
hel
met
.
No
h
elm
et
can
p
reve
nt
all
hea
d
inju
ries
o
r an
y n
eck
inju
ries
a p
laye
r m
igh
t re
ceiv
e w
hile
p
arti
cip
atin
g in
b
aseb
all
or
soft
bal
l. Fo
r m
axim
um
p
erfo
rman
ce
this
h
elm
et
mu
st
be
fitt
ed
and
at
tach
ed
pro
per
ly
to
the
pla
yer’
s h
ead
in
ac
cord
ance
w
ith
the
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ion
. R
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1 Ye
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This
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met
can
be
dam
aged
by
acci
den
tal,
inci
den
tal,
or
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nti
on
al
con
tact
wit
h c
om
mo
n s
ub
stan
ces
(fo
r
exam
ple
: cer
tain
so
lven
ts, c
lean
ers,
hai
r
trea
tmen
t, e
tc.)
and
thi
s d
amag
e m
ay n
ot b
e
visi
ble
to
th
e u
ser.
Cle
an O
NLY
wit
h p
lain
soap
an
d w
ater
. DO
NO
T P
AIN
T.
GA
HSA
ap
pro
ved
Ad
idas
bat
tin
g
v. 1.0: 10/12/16 57
CARLEY COUNTY HIGH SCHOOL at MILTON COUNTY HIGH SCHOOL Milton County High School | Miltonville, GA | May 25, 2016
GAHSA Co-Ed Softball Playoffs – Semi-Finals
CARLEY COUNTY BULLDOGS MILTON COUNTY MINUTEMEN
STARTING POS SUBSTITUTE
STARTING POS SUBSTITUTE
1 Roy Hobbs…(M) 1
st Chipper Freeman
1 Amanda Whurlitzer…(F) P Natalie Barker
2 Sarah Fleming…(F) 2
nd
2 Murphy Horner…(M) LC
3 Jerrado Gregory…(M) LF
3 Harper Bryson…(Plaintiff) 1
st
4 Joey Cobb…(Defendant) LC
4 Rose Peña…(F) C
5 Christa McDaniel…(F) RC
5 Chase Katz…(M) SS
6 Casey Dansby…(Witness) SS
6 Brett Biddle…(M) RC
7 Chris Gant…(M) P
7 Annie Savoy…(F) RF Lizzie Arrington
8 Joe Hodges…(M) 3
rd
8 Heather Gould…(F) 3
rd
9 Marla Hooch…(F) C Rachel Jackson
9 Nick Barker…(M) 2
nd
10 Betty Horn…(F) RF Kelsie Whitmore
10 Jan Levinson…(F) LF
AVAILABLE SUBSTITUTES AVAILABLE SUBSTITUTES
Rachel Jackson…(F) Alan McClendon…(M) Lizzie Arrington…(F) Stillwell Gardner…(M)
Chipper Freeman…(M) Kelsie Whitmore…(F) Natalie Barker…(F) Michael Palledorous…(M)
COACHES COACHES
Lou Brown – Head Coach…(F) Trisha Ford – Head Coach…(F)
Annie Kinsella – 1st Base…(M) Pop Fisher – 1st Base…(M)
Max Mercy – 3rd Base…(M) Jamie Dugan – 3rd Base…(Witness)
EXHIBIT 8
v. 1.0: 10/12/16 58
EXH
IBIT
9(A
)
Vie
w f
rom
Au
bre
y W
illia
mso
n’s
sea
t -
AW
v. 1.0: 10/12/16 59
EXH
IBIT
9(B
)
Vie
w f
rom
Ger
ry/G
era
ldin
e B
ran
d’s
sea
t -
GB
v. 1.0: 10/12/16 60
EXH
IBIT
9(C
)
Vie
w f
rom
Ca
sey
Da
nsb
y’s
po
siti
on
- C
D
v. 1.0: 10/12/16 61
EXH
IBIT
9(D
)
Vie
w f
rom
Ja
mie
Du
ga
n’s
po
siti
on
- J
D
v. 1.0: 10/12/16 62
EXH
IBIT
9(E
)
Vie
w f
rom
left
fie
ld –
JC
1
v. 1.0: 10/12/16 63
EX
HIB
IT 9
(F)
Vie
w f
rom
left
fie
ld –
JC
2
v. 1.0: 10/12/16 64
Legal Authorities
Statutes
OCGA § 51-1-13. Cause of action for physical injury; intention considered in assessing damages. A physical injury done to another shall give a right of action to the injured party, whatever may be the intention of the person causing the injury, unless he is justified under some rule of law. However, intention shall be considered in the assessment of damages.
OCGA § 51-1-14. Violent injury or attempt to commit injury.
Any violent injury or illegal attempt to commit a physical injury upon a person is a tort for which damages may be recovered.
OCGA § 20-2-324.1. Concussion management and return to play policies for youth athletes
(a) As used in this Code section, the term: (1) "Health care provider" means a licensed physician or another licensed individual under the
supervision of a licensed physician, such as a nurse practitioner, physician assistant, or certified athletic trainer who has received training in concussion evaluation and management.
(2) "Public recreation facility" means a public facility that conducts an organized youth athletic activity in which a participation fee and registration are required.
(3) "Youth athlete" means a participant in a youth athletic activity who is seven years of age or older and under 19 years of age.
(4) "Youth athletic activity" means an organized athletic activity in which the majority of the participants are youth athletes and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. This term shall not include college or university activities or an activity which is entered into for instructional purposes only, an athletic activity that is incidental to a nonathletic program, youth athletic activities offered through a church or synagogue, or a lesson; provided, however, that colleges, universities, churches, and synagogues, and any other entities that conduct youth athletic activities but are not subject to this Code section are strongly encouraged to establish and implement a concussion management and return to play policy.
(b) Each local board of education, administration of a nonpublic school, and governing body of a charter school shall adopt and implement a concussion management and return to play policy comprising not less than the following components: (1) Prior to the beginning of each athletic season of a youth athletic activity, provide an information
sheet to all youth athletes' parents or legal guardians which informs them of the nature and risk of concussion and head injury;
(2) If a youth athlete participating in a youth athletic activity exhibits symptoms of having a concussion, that athlete shall be removed from the game, competition, tryout, or practice and be evaluated by a health care provider; and
(3) If a youth athlete is deemed by a health care provider to have sustained a concussion, the coach or other designated personnel shall not permit the youth athlete to return to play until the youth athlete receives clearance from a health care provider for a full or graduated return to play.
(c) Each public recreation facility shall, at the time of registration for a youth athletic activity, provide an information sheet to all youth athletes' parents or legal guardians which informs them of the
v. 1.0: 10/12/16 65
nature and risk of concussion and head injury; provided, however, that public recreation facilities are strongly encouraged to establish and implement a concussion management and return to play policy.
(d) The Department of Public Health shall endorse one or more concussion recognition education courses to inform Georgia citizens of the nature and risk of concussions in youth athletics, at least one of which shall be available online. Such course or courses may include education and training materials made available, at no charge, by the federal Centers for Disease Control and Prevention or other training materials substantively and substantially similar to such materials.
(e) This Code section shall not create any liability for, or create a cause of action against, a local board of education, the governing body of a nonpublic school, the governing body of a charter school, or a public recreation facility or the officers, employees, volunteers, or other designated personnel of any such entities for any act or omission to act related to the removal or non-removal of a youth athlete from a game, competition, tryout, or practice pursuant to this Code section; provided, however, that for purposes of this subsection, other designated personnel shall not include health care providers unless they are acting in a volunteer capacity.
Case Law
The following excerpts are from Case Law concerning the legal issues raised in this mock trial case. Only portions of the opinions are provided, and only those portions may be used in the course of the trial. Citations and internal quotation marks are omitted in the excerpts of the cases that follow.
Clearly, the act of intentionally causing actual physical harm to another is civilly actionable as a battery.
However, the intent to cause actual physical harm to another is not absolutely essential to the viability of a civil action for battery. In the interest of one's right of inviolability of one's person, any unlawful touching is a physical injury to the person and is actionable. . . Any act of physical violence (and the law will not draw a line between different degrees of violence), inflicted on the person of another, which is not necessary, is not privileged, and which constitutes a harmful or offensive contact, constitutes an assault and battery. If the circumstances of the occasion be not such as the law would permit an inference that the battery proceeded from anger, the jury may nevertheless be authorized to conclude, considering its nature and the circumstances, that it resulted from a lack of proper respect for the person on whom the contact was made. Contact proceeding from rudeness is as offensive and harmful as that which proceeds from anger or lust, and in law constitutes an assault and battery.
Hendricks v. Southern Bell Tel. &c. Co., 193 Ga. App. 264 (1989) In an action for damages on account of an assault and battery, the defendant may give in evidence any
opprobrious words or abusive language used by the plaintiff to him, in order to justify his conduct or mitigate the damages; and it is for the jury to determine, in view of the character of the provocation and the nature and extent of the battery, whether such opprobrious words or abusive language amount to a justification or only to a mitigation of damages recoverable.
Thompson v. Shelverton, 131 Ga. 714 (1908) While a decision by a court of another state is in no way binding on the courts of Georgia, we may adopt
its reasoning if we find it sound and persuasive. Colonial Life & Acc. Ins. Co. v. Heveder, 274 Ga App. 377 (2005) [T]his court believes that when athletes are engaged in an athletic competition; all teams involved are
trained and coached by knowledgeable personnel; a recognized set of rules governs the conduct of the
v. 1.0: 10/12/16 66
competition; and a safety rule is contained therein which is primarily designed to protect players from serious injury, a player is then charged with a legal duty to every other player on the field to refrain from conduct proscribed by a safety rule. A reckless disregard for the safety of other players cannot be excused. To engage in such conduct is to create an intolerable and unreasonable risk of serious injury to other participants. We have carefully drawn the rule announced herein in order to control a new field of personal injury litigation. Under the facts presented in the case at bar, we find such a duty clearly arose. Plaintiff was entitled to legal protection at the hands of the defendant. The defendant contends he is immune from tort action for any injury to another player that happens during the course of a game, to which theory we do not subscribe.
It is our opinion that a player is liable for injury in a tort action if his conduct is such that it is either deliberate, willful or with a reckless disregard for the safety of the other player so as to cause injury to that player, the same being a question of fact to be decided by a jury.
Nabozny v. Barnhill, 31 Ill.App.3d 212 (1975) The overwhelming majority of the cases . . . that have addressed the issue of co-participant liability in
such a sport, have concluded that it is improper to hold a sports participant liable to a co-participant for ordinary careless conduct committed during the sport — for example, for an injury resulting from a carelessly thrown ball or bat during a baseball game — and that liability properly may be imposed on a participant only when he or she intentionally injures another player or engages in reckless conduct that is totally outside the range of the ordinary activity involved in the sport.
Knight v. Jewett, 3 Cal.4th 296 (1992)
v. 1.0: 10/12/16 67
IN THE STATE COURT OF CARLEY COUNTY STATE OF GEORGIA
HARPER BRYSON, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO: 2017-MT ) JOEY COBB, ) ) Defendant. )
THE CHARGE OF THE COURT [Not to be read in open court]
Pleadings You have been considering the case of Harper Bryson v. Joey Cobb. You have heard the evidence and the
allegations of the parties, and I will not repeat them here. It is now my duty to instruct you on the law which you
will use to render a verdict in this case.
Burden of Proof; Generally; Preponderance of Evidence, Defined Plaintiff has the burden of proof, which means that the plaintiff must prove whatever it takes to make out his/her
case, except for any admissions by the defendant. Plaintiff must prove his/her case by what is known as a
preponderance of the evidence, that is, evidence upon the issues involved which, while not enough to wholly free
the mind from a reasonable doubt, is yet sufficient to incline a reasonable and impartial mind to one side of the
issue rather than the other.
Your verdict will only deal with liability – the issue of damages will be reserved for a later time.
Credibility of Witnesses The jury must determine the credibility of the witnesses. In deciding this, you may consider all of the facts and
circumstances of the case, including the witnesses’ manner of testifying, their intelligence, their means and
opportunity of knowing the facts about which they testify, the nature of the facts about which they testify, the
probability or improbability of their testimony, their interest or lack of interest in the outcome of the case, and their
personal credibility as you observe it.
Stipulations The parties have entered into certain stipulations that have been approved by the court. Where parties stipulate
facts, this is in the nature of evidence. You may take that fact or those facts as a given without the necessity of further proof. However, you are not required to do so, and even such matters may be contradicted by other evidence. You make all decisions based on the evidence in this case.
Conflicting Evidence; Reconciliation Any conflicts in the evidence are to be reconciled wherever possible. All witnesses are presumed to speak the
truth and, if possible, you should not attribute a false statement to any of them. If you find that this cannot be
done, then you should believe the evidence that is most reasonable and believable to you and decide the case by
the preponderance of the evidence as you find it to be.
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Circumstantial Evidence; Direct Evidence Direct evidence is evidence, which immediately points to the question at issue. Indirect or circumstantial
evidence is evidence, which only tends to establish a fact; it must be such as to reasonably establish that fact rather
than anything else. The comparative weight of circumstantial and direct evidence on any given issue is a question
of fact for you to decide.
Stated differently, direct evidence is the testimony of a witness who has seen or heard the facts to which the
witness testifies and which, if believed, is sufficient to prove or establish these facts.
Circumstantial evidence is the testimony of a witness who has seen or heard the facts to which the witness
testifies where from such facts, if believed, you may find other facts to exist, which are reasonable and believable
to you in the light of your experience.
Where circumstantial evidence is relied upon to establish a fact or theory, it must be such as to reasonably
establish that fact or theory rather than anything else.
Admissions An admission is a statement by a party, which tends to aid the cause of the opposing party. All admissions shall
be carefully considered.
Impeachment of Witnesses When witnesses appear and testify, they are presumed to speak the truth unless impeached in some manner
provided by law.
To impeach a witness means to discredit the witness, or prove the witness unworthy of belief.
A witness may be impeached:
a. By disproving the facts to which the witness testifies; or b. By proof of contradictory statements previously made by the witness about matters relevant to the
testimony and to the case.
If any attempt has been made in this case to impeach any witness by proof of contradictory statements
previously made, you must determine from the evidence:
a. First, whether any such statements were made; b. Second, whether they were contradictory to any statements the witness made on the witness stand; and c. Third, whether it was material to the witness's testimony and to the case.
When a witness is successfully contradicted as to a material matter, the witness's credibility as to other matters
shall be a question for the jury.
Since believability of witnesses is a matter to be determined by the jury under proper instructions from the court,
if an effort is made to impeach a witness, it is the duty of the jury to determine whether the effort has been
successful and whether the witness is to be believed.
Prior Statements You may determine whether there was evidence that a witness testified falsely about an important fact during
the course of the trial as opposed to some other time before this trial.
In doing so, you may make a determination whether the misstatement was because of an innocent lapse in memory or an intentional attempt to deceive. You should consider all the facts and circumstances of any prior statements.
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Battery A physical injury done to another shall give a right of action to the injured party, whatever may be the intention
of the person causing the injury, unless he is justified under some rule of law. However, intention shall be
considered in the assessment of damages. Any violent injury or illegal attempt to commit a physical injury upon a
person is a tort for which damages may be recovered.
Intent Intent may be shown in many ways, provided you, the jury, believe that it existed from the proven facts before
you. It may be inferred from the proven circumstances or by acts and conduct, or it may be, in your discretion,
inferred when it is the natural and necessary consequence of the act. Whether or not you draw such an inference is
a matter solely within your discretion.
Form of Verdict If you believe from a preponderance of the evidence that the plaintiff is entitled to recover, you would find for
the plaintiff and the form of your verdict would be: “We, the jury, find for plaintiff and against defendant on the
issue of liability.”
If you believe from a preponderance of the evidence that the defendant is entitled to recover, you would find for
the defendant and the form of your verdict would be: “We, the jury, find for defendant and against plaintiff on the
issue of liability.”
If neither party proves his/her case by a preponderance of the evidence, your verdict would be “We, the jury, find
for defendant.”
Verdict in Writing Whatever your verdict in the case, it must be agreed to by each juror, it must be in writing, dated and signed by
your foreperson, and it must be returned and read in court. You may write your verdict on the back of plaintiff's
petition.
Verdict; Unanimity Your verdict must be unanimous. If you cannot unanimously agree on a verdict, the judge is required by law to
declare a mistrial and retry the case before another jury. Jurors should carefully consider all the evidence in the
case, consult with one another, and deliberate with a view toward reaching a unanimous verdict, consistent with
your consciences and oaths as jurors.
Avoid premature fixed opinions. Do not hesitate to reexamine your views and change your opinions if, after fair
and impartial discussions and deliberations with your fellow jurors, you are honestly convinced that your opinion
should be changed. However, no juror is required to surrender an honest opinion differing from that of another
juror merely for the purposes of reaching a unanimous verdict.
Court Has No Interest in Case I want to emphasize that anything the court did or said during the trial of this case was not intended to, and did
not intimate, hint, or suggest to you which of the parties should prevail in this case. Whichever of the parties is
entitled to a verdict is a matter entirely for you to determine, and whatever your verdict, it must be agreed upon by
all of you.
The court's interest in the matter is that the case be fairly presented according to law and that you — as honest,
conscientious, impartial jurors — consider the case as the court has instructed you and return a verdict that speaks
the truth as you find the truth of the case to be.
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Jury; Final Instructions One of your first duties in the jury room will be to select one of your number to act as foreperson, who will
preside over your deliberations and who will sign the verdict to which all twelve of you freely and voluntarily agree.
You should start your deliberations with an open mind. Consult with one another and consider each other's view.
Each of you must decide this case for yourself, but you should do so only after a discussion and consideration of the
case with your fellow jurors. Do not hesitate to change an opinion if convinced that it is wrong. However, you
should never surrender honest convictions or opinions in order to be congenial or to reach a verdict solely because
of the opinions of the other jurors.
You may go now to the jury room, but do not begin your deliberations until I send you the pleadings and exhibits,
which I will do shortly. Then you may begin your deliberations.
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2017 RULES OF THE
GEORGIA HIGH SCHOOL MOCK TRIAL COMPETITION
These rules are in effect October 1, 2016 through September 30, 2017.
I. Rules of the Organization A. The Problem
1. Rules (Rule 1) 2. Problem (Rule 2) 3. Witness Bound by Statements (Rule 3) 4. Unfair Extrapolation (Rule 4) 5. Witnesses (Rule 5) 6. Voir Dire (Rule 6)
B. The Trial 1. Mock Trial Team (Rule 7) 2. Instruction and Use (Rule 8) 3. Activities Permitted During the School Day
(Rule 9) 4. Resolution of Section B Rules Violations (Rule
10) 5. Team Presentation (Rule 11) 6. Team Duties (Rule 12) 7. Swearing of Witnesses (Rule 13) 8. Trial Sequence and Time Limits (Rule 14) 9. Timekeeping (Rule 15) 10. Time Extensions (Rule 16) 11. Prohibited and Permitted Motions (Rule 17) 12. Sequestration (Rule 18) 13. Bench Conferences (Rule 19) 14. Supplemental Material/Illustrative Aids (Rule 20) 15. Trial Communication (Rule 21) 16. Viewing a Trial (Rule 22) 17. Videotaping/Photography (Rule 23)
C. Judging 1. Decisions (Rule 24) 2. Composition of Panel (Rule 25) 3. Scoresheets/Ballots (Rule 26) 4. Completion of Scoresheets/Judging
Guidelines (Rule 27) 5. Team Advancement (Rule 28) 6. Power Matching/Seeding for Regional
Competitions (Rule 29) 7. Power Matching/Seeding for District
Competitions (Rule 30) 8. Power Matching/Seeding for State Finals
Competition (Rule 31) 9. Effect of Bye/Default (Rule 33)
D. Dispute Settlement 1. Reporting a Rules Violation/ 2. Inside the Bar (Rule 34) 3. Dispute Resolution Procedure (Rule 35) 4. Effect of Violation on Score (Rule 36) 5. Reporting a Rules Violation/Outside the Bar
(Rule 37)
II. Rules of Procedure
A. Before the Trial 1. Team Roster (Rule 38) 2. Stipulations (Rule 37) 3. The Record (Rule 40)
B. Beginning the Trial 1. Jury Trial (Rule 41) 2. Standing During Trial (Rule 42) 3. Student Work Product (Rule 43)
C. Presenting Evidence 1. Argumentative/Ambiguous Questions and
Non-Responsive Answers (Rule 44) 2. Assuming Facts Not in Evidence (Rule 45) 3. Lack of Proper Predicate/Foundation (Rule
46) 4. Procedure of Introduction of Exhibits (Rule
47) 5. Use of Notes (Rule 48) 6. Redirect/Recross (Rule 49)
D. Opening Statement/Closing Argument 1. Special Mock Trial Objections (Rule 50)
E. Critique 1. The Critique (Rule 51)
III. The Georgia High School Mock Trial Competition Rules of Evidence
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I. RULES OF THE ORGANIZATION
A. THE PROBLEM
Rule 1. Rules
(a) The Georgia Mock Trial Competition, and all of the Special Projects sponsored by the Georgia High School Mock Trial Committee, including, but not limited to, the Law Academy and the Court Artist Competition, are governed by the Rules of the Organization, the Rules of Procedure, and the Georgia High School Mock Trial Rules of Evidence. Specifically, the Code of Ethical Conduct identified in Rule 7(k), and the disciplinary processes outlined in Rule 10 are applicable to the Competition and to the Special Projects noted above. Additionally, all policies of the Georgia Mock Trial Competition contained in the Policy Manual and Coaches Manual are binding on participating teams. Any clarification of rules or case materials will be issued in writing to all participating teams and/or students.
(b) These Rules govern rounds in regions, districts and at the State Finals. When a team registers to compete in this program, that team agrees to comply with the rules, the policies and the Code of Ethical Conduct of the Georgia High School Mock Trial Competition. The Rules Subcommittee has the authority to remove a team or individual team members or coaches from the Georgia High School Mock Trial Competition for non-compliance with these rules, with competition policy and/or the Code of Ethical Conduct.
(c) Any modification to the rules of a competition made on-site must be reduced to writing and signed by the trial coordinator and the teacher or attorney coaches of the affected teams.
(d) Individual scoring judges have within their discretion the ability to discount points for violations of these rules.
(e) The Mock Trial season shall extend from October 1 through the Final Round of the State Finals tournament.
(f) A mock trial “region” must consist of at least five teams. In the event that a region drops to four teams, volunteer teams will be solicited to move into the affected region to bring the number of teams up to at least five. A team invited under these circumstances to volunteer to move into the affected region will be under no obligation to accept the invitation and will suffer no penalty for declining, but will be eligible to have their team registration fee waived for the next season in acknowledgment of their assistance. If a volunteer team is not identified to salvage the affected region within 5 days of beginning the search, that region will be dissolved for that season and the remaining teams will be reassigned to other regions, on a space available basis. If the mock trial office is unable to reassign a team affected by the dissolution of a region for any reason, that team may be eligible for a 70% refund of their team registration fee. Team reassignment under these circumstances may not be contested by any party. If the number of teams drops below five within 7 days of the first scheduled competition date, the regional competition will proceed under “emergency circumstances” and the scoring will be conducted as outlined in Rule 29(b)(7).
(g) Teams will be allowed to indicate a preference for regional placement on the team registration form. The
Mock Trial office will make regional assignments on a first come, first served basis. This preference is one of several factors that the Mock Trial Office will use to determine regional placement. Other factors include but are not limited to previous regional placement, school location, space availability at the regional competition site, and/or the number of other schools in that school system participating in the program. Space is limited in most regions.
(h) The state coordinator reserves the right to move teams from assigned regions to other neighboring regions in order to maintain an equitable balance in the size of neighboring regions, or for any other administrative purpose deemed by the state coordinator to be in the best interests of the program; provided, however, that team reassignments necessitated by a region dropping below five teams will be handled solely as provided by Rule 1(e). Any team whose assignment has been shifted from one region to another during the season, with the exception of those affected by the dissolution of a regional competition under Rule 1(f), has a right to appeal such a decision before the Rules Subcommittee Chair within 24 hours of receiving notification of the reassignment, but the subsequent ruling of the Subcommittee Chair is final. Other teams in a region affected by such shifts in the assignment of a team into or out of said region do not have a right to appeal administrative decisions made by the Subcommittee Chair.
(i) A mock trial “district” must consist of six teams. (j) Teams qualify for the district competition in the
following manner: 1. In districts comprised of two Regions, teams who
finish in the top three spots after the final/championship round will advance to the district competition.
2. In districts comprised of three Regions, the Region Champion and Region Finalist will advance to the district competition.
(k) Teams must participate in at least one (in the case of a qualifying Regional Champion team) or two (in the case of a non-Regional Champion team) preliminary rounds and one final/championship round at the district level of competition and win the title of “District Champion” in order to proceed to the State Finals level of competition.
(l) If, for any reason, a round or rounds of a regional or district competition is postponed or cancelled, with the exception of the cancellation of competition rounds in a region that has been dissolved for the season under Rule 1(f), it is the responsibility of the regional or district coordinator to announce the date of the rescheduled round or rounds within seven days of the original regional or district competition date and to fully staff any rescheduled rounds in compliance with these rules. No regional competition rounds may be held within the 14 days before the first round of the district tournament. No district competition rounds may be held within 7 days before the first round of the state tournament.
(m) If, for any reason, a team qualifying for the district competition withdraws from the GHSMT Competition before the district competition, that team will forfeit its place at the district competition. The team(s) beneath the forfeiting team will shift upward and the 3
rd (now
vacant) spot will then be offered to the 4th
place team from that region. If that team declines the offer, the spot
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will then be offered to the 4th
place team from the other region, and then to the 5
th place team of the original
region, and so on, alternating between the regions, until a team accepts the spot and that team will advance to the district competition. If a team, after winning the title of “Region Champion”, withdraws from the GHSMT Competition before the district competition, the title will then be conferred on the regional finalist team.
(n) If, for any reason, a district champion team withdraws from the GHSMT Competition after winning the title of “District Champion”, that team will forfeit the title and its place at the State Finals tournament. The title will then be conferred on the district finalist team and the district finalist team, as the new District Champion, will advance to State.
Rule 2. The Problem
The problem will be an original fact pattern which may contain any or all of the following: statement of facts, indictment, stipulations, witness statements/affidavits, jury charges, exhibits, etc. Stipulations may not be disputed at trial. Witness statements may not be altered. Only three witnesses per side will be called.
Rule 3. Witness Bound by Statements
(a) Each witness is bound by the facts contained in his/her own witness statement and/or any exhibits relevant to his/her testimony. Fair extrapolations may be allowed, provided reasonable inference may be made from the witness’ statement. If, in direct examination, an attorney asks a question which calls for extrapolated information pivotal to the facts at issue, the information is subject to objection under Rule 4, outside the scope of the problem.
(b) If, in cross-examination, an attorney asks for unknown information, the witness may or may not respond, so long as any response is consistent with the witness’ statement or affidavit and does not materially affect the witness’ testimony.
(c) Students shall be prohibited from responding with new material facts which are not in their witness statements or consistent with the Statement of Facts.
(d) A witness is not bound by facts contained in other witness statements.
(e) The Case Summary (or Statement of Facts), if provided, is meant to serve as background information only. It may not be used for substantive evidence, cross-examination, or impeachment.
Rule 4. Unfair Extrapolation
(Additional explanations regarding this rule may be found in the Coaches Manual)
(a) Unfair extrapolations are best attacked through impeachment and closing arguments and are to be dealt with in the course of the trial. A fair extrapolation is one that is neutral.
(b) Attorneys shall not ask questions calling for information outside the scope of the case materials or requesting an unfair extrapolation. If a witness is asked information not contained in the witness’ statement, the answer must be consistent with the statement and may not materially affect the witness’ testimony or any substantive issue of the case.
(c) Attorneys for the opposing team may refer to Rule 4 in a special objection, such as “unfair extrapolation” or “This
information is beyond the scope of the statement of facts.”
(d) Possible rulings by a judge include: 1. No extrapolation has occurred; 2. An unfair extrapolation has occurred; or 3. The extrapolation was fair.
(e) The decision of the presiding judge regarding extrapolations or evidentiary matters is final.
(f) When an attorney objects to an extrapolation, the judge will rule in open court to clarify the course of further proceedings.
(g) Points should be deducted from individual scores of participants who make unfair extrapolations or ask questions that call for unfair extrapolations. Witnesses and attorneys making unfair extrapolations and attorneys who ask questions that require the witness to answer with an unfair extrapolation should be penalized by having a point or points deducted from their individual scores.
(h) The number of points deducted should be determined by the severity of the extrapolation. If a team has several team members making unfair extrapolations, the offending team’s overall points should also be reduced accordingly.
(See Rule 27 for the treatment of rule infractions.)
Rule 5. Witnesses
Any student may play any witness role, regardless of the student’s race, religion, ethnicity, sex, physical attributes, or disability. Where a witness is specifically described as being of a particular sex, religion, or race or as having a particular physical attribute, injury, or disability, any student of any sex, religion, race, physical attribute, or disability may play that role. At no time will an examining attorney or witness make an issue of the student’s actual race, religion, ethnicity, sex, physical attributes, or disability at trial, but both will be confined to the case’s description of the witness role being portrayed. The gender of students will be clearly indicated on the Trial Squad Roster form.
Rule 6. Voir Dire
Voir dire examination of a witness is not permitted.
B. THE TRIAL
Rule 7. Mock Trial Team
(a) Team Composition and Eligibility—A team shall be composed of young people who are between the ages of 14 and 19 and who are currently enrolled or receiving educational instruction at the high school level; at least one attorney coach; and at least one teacher coach in compliance with subsections (b) through (d) below.
(b) Students – All student participants must be currently enrolled or be receiving accredited or approved educational instruction at the school, or through the school organization that registers the team, or otherwise qualify for participation under subpart (3) of this rule.
1. No requests will be granted for students to participate on a mock trial team not affiliated with the school or school organization where they are officially enrolled or receiving educational instruction as a student.
2. For the purpose of this Rule, the term “school” includes traditional schools, charter schools, on-line or virtual schools, and other state- or school
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system-sanctioned academies, and “school organization” includes entities that provide accredited or approved educational instruction for students at the high school level such as home school associations, cooperatives, collectives, and the like.
3. Home school students neither enrolled with, nor receiving educational instruction from a school or school organization during the competition year may compete as a member of an established mock trial team at a school if the following conditions are met: i. Prior to and during the mock trial competition
year, the student meets the admission requirements of the school with the team on which the student wishes to compete (the “sponsoring school” or “sponsoring team”) -- i.e., the student would be otherwise eligible to become enrolled or receive educational instruction and to participate in interscholastic activities at the school;
ii. The student resides in the county in which the sponsoring school is located unless the state coordinator determines that this geographic limitation creates an undue hardship and on that basis grants an exception;
iii. The student submits the special application form to the Mock Trial office by the date established for such applications, which form shall include at a minimum, a certification that the student has not been recruited or received any special treatment or accommodation that would cause the team to be in violation of the letter or the spirit of the Mock Trial Rules;
iv. The sponsoring team submits the special application form to the mock trial office by the date established for such applications, which form shall include at a minimum: the signature of the school principal, headmaster/mistress, or the like and the teacher coach; a statement of their consent to the student’s participation as a team member; and a certification that the student fully meets the sponsoring school’s admission requirements and its governing interscholastic eligibility rules, that the student’s participation will not discourage team participation by students actually enrolled at the school, and that the student has not been recruited or received any special treatment or accommodation that would cause the team to be in violation of the letter or the spirit of the Mock Trial Rules;
v. The sponsoring team provides to the state coordinator all information and documentation requested for the purpose of making a decision on the application; and
vi. The state coordinator determines that the student’s requested participation meets the above criteria, is not the result of unfair “recruiting” and will not result in an unfair advantage to the other mock trials teams in the state such that the student’s participation should not be allowed.
4. Students who are not home school students, but who are simultaneously enrolled at two different
schools as part of an authorized dual enrollment program (e.g., a traditional high school and a sanctioned special academy), may participate on the mock trial team registered by and affiliated with either school, but not both. However, such students, once they elect a team on which to compete, must honor that election throughout high school so long as they are dually enrolled and both schools have registered mock trial teams.
5. No non-school organization (i.e. a Boy/Girl Scout troop, Boys/Girls Club, etc.) wishing to participate in this program may allow students who are currently enrolled or receiving educational instruction at a school or school organization as defined herein that has a team active in the competition to participate on that non-school organization’s team.
(c) Attorney Coaches—A team is to be sponsored by an attorney in good standing with the State Bar of Georgia. The primary attorney coach may register additional attorneys as assisting coaches all of whom must be in good standing with the State Bar of Georgia. No person may serve as an attorney coach who is currently under sanction by the Supreme Court of Georgia for disciplinary reasons. Law clerks, paralegals, law students and attorneys admitted in another state, who are in good standing with their State Bar Association may assist the coaching staff but must operate under the professional supervision of a fully licensed attorney coach. As the sponsor of the team, the attorney coach will act as liaison between the team and the local and state bar associations. The coaching staff will act as legal advisers in preparing the team for competition. No attorney coach may coach more than one team.
(d) Teacher Coaches—The teacher coach will act as the primary liaison between the team and the mock trial office and will submit the registration form and fee. The teacher coach will also act as the educational adviser to the team, serving as guide to both the team members and their attorney coaches, so that all decisions related to the program are made in the best interests of the education of the team members. The final authority over the direction of a mock trial team rests with the teacher coach. No teacher coach may coach more than one team. The teacher coach may designate the primary attorney coach to be the liaison with the mock trial office and to be responsible for submitting the team registration and fee.
(e) Number of Teams per School—Only one team per school, facility or organization may compete in the regional, district, State Finals or national competitions. Although there is no limit on the number of members a team may have, a maximum of fourteen members per team may compete during any level (regional, district, or State Finals) of the state competition. A team may use different students between each level of the state competition. Substitutions during a competition day are regulated by Rule 7(g).
(f) Official/Competing and Non-Competing/Additional Team Members—These fourteen team members are designated as “official/competing” team members; all other student participants are designated “non-competing/additional” team members. All official/competing and non-competing/additional team members must sign the Code of Ethical Conduct form
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(see Rule 7(m)). The Code of Ethical Conduct form must be submitted to the on-site trial coordinator before the first competition round at any level of the competition in order to be eligible to compete.
(g) Squad Composition—Each team will field two squads: prosecution/plaintiff (“P”) and defense (“D”). Teams will designate each squad’s official/competing team members by their signing the Code of Ethical Conduct form as a member of one of the two trial squads. Each trial squad will have a maximum of seven competing team members each (3 serving in attorney roles, 3 serving in witness roles and 1 alternate—see Rule 12). Each team must supply one timekeeper per squad in each Round of competition. These timekeepers may be drawn from a pool of up to four non-competing students; this pool will sign the Code of Ethical Conduct as “Timekeepers”. Timekeepers for a team may keep time for either squad throughout the competition day and are not limited to one squad. (Refer to Rule 7(j) if a team is unable to fill the timekeeping spots.)
1. At each competition round, roles and responsibilities of official/competing team members within each trial squad must be identified and listed on the Trial Squad Roster Form (see Rule 36). i. From one round to the next, roles and
responsibilities of the official/competing team members may be interchanged within each designated trial squad, but not between trial squads.
ii. However, no substitutions by a non-competing/additional team member for an official/competing team member may be made during the entirety of a competition level, unless there is an emergency that arises during competition. A non-competing/additional team member may not serve as an assistant timekeeper during any round. Non-compliance with this portion of Rule 7, at any level or round of the state competition, may result in penalties being applied by the trial coordinator under Rule 33(b) and (c).
(h) Substitution During a Round—If an emergency arises during the competition and a team must substitute a non-competing/additional team member for an official/competing team member (i.e. no alternates are available), permission must be obtained from the on-site trial coordinator and that permission, if given, will extend only to the end of the last round during that competition level. In the case of an emergency affecting team composition before the day of the competition, contact the state mock trial office.
(i) Unable to Field a Full Competition Team—A team, unable to field a full team of 14 members, may compete with as few as nine members. If the team has 12 or 13 members, the team would compete without alternates or dedicated timekeepers and would move forward in accordance with Rule 7(j). In the case of the team only having 9 to 11 members, six team members should be assigned attorney duties, three for each side. The remaining three to five team members will serve as witnesses, with one, two or all three playing the roles of two witnesses (depending on the overall number of witness-members available) beginning in the courtroom
with the Plaintiff/Prosecution, then transferring to the Defendant/Defense’s courtroom to play those roles.
(j) Submitting to Time Kept by Opposing Team—If the team does not have enough students to provide dedicated timekeepers per Rule 7(g), the 7th official/competing team member of the squad (the alternate) will then act as timekeeper for that round. This student will be listed as both an alternate and timekeeper on that squad’s Trial Squad Roster form for that round.
1. If the team is unable to provide any timekeepers (in one or both courtrooms), it must submit to the times called by the opposing squads’ timekeepers.
2. If neither team in a round is able to provide a timekeeper, one coach from each team will be designated as the official timekeeper from that team for that round.
(k) Team Names—The team name may reflect the city, county, community, neighborhood, or geographic area where most of its members reside. The team name may be chosen to honor an individual. All team names should be chosen so that the phrase, “[insert name] Mock Trial Team,” symbolizes both the team and the dignity of the legal profession. Team names are subject to the approval of the state mock trial office. Team names will be registered in the order of the receipt of a completed registration form and fee by the state office. A team name may not include the following terms: “school,” “high,” “academy,” “institute,” “campus,” or “center.”
(l) Required Eligibility Forms—In order to verify eligibility of coaches and students, coaches must submit required forms by the published deadlines. All coaches (teachers and attorneys) must be reported to the state mock trial office on the registration form or the Supplemental Attorney Coach form. Names of team members with birthdates must be reported to the state office on the Team Member List. These forms are posted on the website and are due in the state mock trial office no later than the date published on the forms. The state mock trial office may disqualify a team from competition for failure to meet these deadlines. Changes in team composition following the published deadline must be cleared with the state mock trial office no later than 5 business days before the team’s scheduled competition date. Team member changes will not be permitted at the competition site.
(m) Ethics—The Code of Ethical Conduct governs all participants, observers, guests, and parents at Georgia Mock Trial Competition events, including, but not limited to, the Competition itself, the Law Academy and the Court Artist Competition. A copy of the code must be signed by all students and participating coaches prior to any of the events outlined above and must be delivered at registration to the coordinator of the event. Participants are responsible for making guests and parents aware of the code and all rules regarding conduct during the event.
(n) Decorum—Counsel should treat opposing counsel with courtesy and tact. Attorneys should conduct themselves as professionals in these proceedings. Therefore, opposing counsel, witnesses, and the presiding judge must be treated with the appropriate courtesy and respect. All participants, including coaches, presiding judges and attorneys on the judging panel, are expected to display proper courtroom decorum. A trial coordinator has the authority to refuse entry to or
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remove a coach and/or other spectator from a courtroom before or during a trial round (or rounds) if the trial coordinator feels that the actions of the coach and/or spectator in the courtroom is causing or may cause an undue distraction to the teams competing in that courtroom. The Plaintiff/Prosecution team shall be seated closest to the jury box. No team shall rearrange the courtroom without prior permission of the judge. (See Rule 27 for the treatment of rule infractions.) Appropriate courtroom attire is expected. Small children and food should not be brought into the courtroom.
Rule 8. Instruction and Use
(a) The Problem shall not be used as a basis for any course of study, at any instructional level, during the competition year for which the Problem is created until such time as the Final Round of the State Competition has been completed and scored.
(b) This Rule shall apply to elementary, middle school, high school, college, graduate and post-graduate programs, private and public, whether or not individuals who would direct or otherwise be involved in the study or analysis of the Problem support a mock trial team, Plaintiff/Prosecution and Defense squads, or smaller groups of individual members of any mock trial team.
(c) The prohibition on Working the Current Competition Case includes, but is not limited to discussion and/or development of the Case Facts, Witness Statements or Exhibits, Rules of Procedure, Rules of Evidence, and/or litigation strategies.
(d) Any use of the Problem in the competition year for which it was created as outlined above shall be interpreted as a violation of the Young Lawyers Division, State Bar of Georgia copyright of said materials, whether or not used for a non-profit or educational purpose. Further, any such use of the Problem in the manner outlined above by any individual involved in any way with the coaching or support of a mock trial team, Plaintiff/Prosecution and Defense squads, or smaller groups of individual members of a mock trial team shall be deemed a violation of the Procedural and Ethical Rules of Competition, regardless of whether any information shared in the course of study is shared with a competition team or members thereof.
Rule 9. Activities Permitted During the School Day
(Additional explanations regarding this rule may be found in the Coaches Manual)
(a) Teams compete in the Georgia Mock Trial Competition as an extracurricular activity and, therefore, must adhere to the State Standards of the Georgia Department of Education requiring that individual and group practice be conducted outside the school day. (See the Coaches Manual for further information on the State Standards and examples of proper and improper activities under this rule.)
(b) Definition of “Working on the Current Competition Case” — Working on the current competition case is the organized studying, discussion or preparation of the case materials, including but not limited to discussion of the:
1. case facts, witness statements or exhibits, 2. rules of procedure, 3. rules of evidence; and 4. litigation strategies.
(c) No organized group practice or meeting of a mock trial team, Plaintiff/Prosecution and Defense squads, or smaller groups of individual members may be held during regular school hours for the purpose of working with the current competition case. Any meeting of a mock trial team organized by a coach for the purpose of working on the current competition case during regular school hours, including associated travel for such a meeting, is interpreted as a violation of this rule.
(d) Nothing about this Rule should be construed to discourage teams from observing real life court proceedings. Individuals and teams are clearly permitted to observe such proceedings outside of school hours, including during school holidays. Individual team members may observe court proceedings during school hours with the permission of their parents and their school provided that they:
1. observe the proceedings as part of a school-sponsored field trip and students who are non-team members are present; or
2. observe the proceedings independently and no other team members (including teacher coaches) are present; or
3. observe the proceedings independently as part of a group of students that includes non-team members.
(e) If such court attendance cannot be made outside of school hours or during school hours as part of any trip specifically permitted above, a team may apply to its Regional Coordinator for an Exception allowing said team or its members to watch court proceedings during school hours on a single date. The application shall:
1. Be in writing; 2. Conform to the State Standards of the Georgia
Department of Education; 3. Explain why such team cannot attend real life
court proceedings outside of school hours; 4. Specify the court proceeding to be attended; 5. Specify the day court shall be attended; and 6. Specify the hours, not to exceed 3 hours per
Exception, to be spent in court. (f) Regional Coordinators may grant up to three (3)
Exceptions (totaling nine (9) hours attending court proceedings) per team during the regular season and up to two (2) Exceptions (totaling six (6) hours attending court proceedings) per team for teams advancing to the State Finals. Regional Coordinators shall reply to all applications in writing. UNDER NO CIRCUMSTANCES SHALL AN EXCEPTION BE GRANTED FOR A TEAM TO PRACTICE OR TO WORK ON THE CURRENT CASE AT ANY LOCATION, INCLUDING AT A COURTHOUSE, DURING SCHOOL HOURS. Exceptions are intended solely for the purpose of allowing students the opportunity to watch real life court proceedings. All applications and responses will be forwarded promptly to the State Mock Trial Coordinator. Any abuse of this procedure shall subject the team to the disciplinary procedures outlined in Section IV of the Grievance Procedure.
Rule 10. Resolution of Section B Rules Violations
(a) The State Bar of Georgia recognizes that the High School Mock Trial Competition is a competition involving student and teacher volunteers who are not professional attorneys. These extracurricular teams choose to participate in this competition and abide its Rules. No
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action taken by the High School Mock Trial Committee in enforcement of these Rules shall be construed beyond the purview of this competition. In that spirit, students and teams are encouraged to resolve all disputes without resorting to formal grievances. The following procedure applies only to violations of Rules that concern team eligibility and conduct and other "outside the bar" aspects of the competition on non-competition days. All violations of rules, both inside and outside the bar, that occur on competition days are governed by section D of the Rules.
(b) A grievance alleging a violation of the Rules must be given to the Regional Coordinator of the affected region or the District Coordinator of the affected district or the State Coordinator as soon as possible. If given to the Regional or District Coordinator, the Regional or District Coordinator shall promptly forward the grievance to the State Coordinator. All grievances must be submitted in writing, specifically detailing the alleged violation and any attempts to resolve the dispute informally prior to the filing of a formal grievance. Should the complaint originate with any person charged with deciding the disposition of such complaint, or consenting thereto, the person originating the complaint shall recuse himself/herself from the disposition process. Any member of the Panel, Grievance Committee, or Governing Board described below may participate in the disposition process by teleconference.
(c) Upon receipt of a complaint, the State Coordinator shall consult with the Chair of the Subcommittee on the Rules, the Special Consultant to the High School Mock Trial Committee, and the Chair of the High School Mock Trial Committee (the “Panel”) for an initial evaluation of the complaint. This evaluation shall be convened and conducted as soon as practicable.
1. If the Panel determines that the incident complained of could be interpreted as a violation of the Rules, the party or team alleged to have committed the violation shall be notified of the complaint and offered an opportunity to respond in writing. Such response must be made within 12 hours of notification.
2. The grievance and response shall be forwarded to all members of the Panel. No other evidence or testimony shall be allowed except as ordered by majority vote of the Panel.
3. The Panel, with the advice and consent of the State Coordinator, shall determine by majority vote whether a violation of the Rules has occurred. If a violation is found, the Panel may impose discipline as provided in Rule 10(h).
(d) The party aggrieved by the decision of the Panel may appeal to the Governing Board.
(e) The Governing Board shall consist of the following members:
1. The Chair of the High School Mock Trial Committee 2. The 1
st Vice Chair of the High School Mock Trial
Committee 3. The 2
nd Vice Chair of the High School Mock Trial
Committee 4. The Special Consultant to the High School Mock
Trial Committee; 5. The Immediate Past Chair of the High School Mock
Trial Committee 6. The Chair of the Subcommittee on the Rules;
7. The Chair of the Subcommittee on the Problem; 8. The Regional/District Coordinator for the affected
region/district, as the case may be; 9. The President of the Young Lawyers Division; 10. The President-Elect of the Young Lawyers Division;
and 11. The Secretary of the Young Lawyers Division.
If any chair is unavailable, his or her vice-chair may serve.
(f) All appeals must be registered in writing with the State Coordinator within 24 hours of the Panel’s decision.
(g) After an appeal is registered, the Governing Board shall convene as soon as practicable. A quorum of the Governing Board (7 of 11) is required for any decision. The decision shall be rendered by majority vote, and all parties shall be notified of the decision. All decisions of the Governing Board shall be final.
(h) Should a majority of the Governing Board’s voting members be unable to reach a decision on the appeal, the decision of the Panel shall stand as a summarily affirmed.
(i) Should discipline be imposed, either by the panel or the Governing Board, the following range of actions shall be considered, weighing the severity of the infraction against the goal of allowing students to compete:
1. Warning: The lowest level of discipline, this will constitute a letter to the affected parties advising them of the Rules violation and of potential consequences of continued violations.
2. Reprimand: A reprimand to be published in Mock Trial Briefs, advising all participants in the Mock Trial Program that a team or its member has committed a Rules violation and of the potential consequences of continued violations.
3. Point Deduction: For infractions not rising to a level requiring disqualification of a team member or entire team, point deductions ranging from 1 to 10 points can be imposed against a team member or entire team in a single round, in an entire regional competition, in an entire competition year, or for succeeding years, depending upon the severity of the violation.
4. Member Disqualification: For severe infractions by individual team members, those team members shall be disqualified from competition for a given year or succeeding years, depending upon the severity of the infraction. This punishment may also be used against team members with repeated lesser violations, with whom reprimands and point deductions have not been effective.
5. Team Disqualification: For severe infractions by an entire team, that team shall be disqualified from competition for a given year or succeeding years, depending upon the severity of the infraction. This punishment may also be used against teams with repeated lesser violations, with which reprimands and point deductions have not been effective.
Rule 11. Team Presentation
(a) Teams must be prepared to present both the Prosecution/Plaintiff and Defense/Defendant sides of the case simultaneously. Any team who arrives at a competition site, at any level of the competition, with only one side (P or D, but not both) available to compete,
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will be immediately withdrawn from the competition and not allowed to compete in any round.
(b) In the case of an emergency occurring during a round of competition, a team may participate with less than nine members. In such a case, a team may continue in the competition by making substitutions to achieve a two-attorney/three witness composition. Any team competing under this emergency arrangement is ineligible to advance to the championship round.
(c) Final determination of emergency forfeiture will be made by the trial coordinator, in consultation with available Committee leaders. Under extraordinary circumstances, the trial coordinator, in consultation with available Committee leaders, may declare an emergency prior to the competition round.
(d) A forfeiting team will receive a loss and points totaling the average number of the ballots and the points received by the losing teams in that round. The non-forfeiting team will receive a win and an average number of ballots and points received by the winning teams in that round.
Rule 12. Team Duties
(a) Official competing team members must handle all aspects of the trial during a competition round, including any rules disputes (see Rule 34) at the conclusion of the trial round.
(b) The alternate from each squad may be substituted into one of the 6 speaking roles between rounds, but may not be used on the team’s other squad at any point during that level of competition.
(c) Team members are to divide their duties evenly. Each of the three attorneys will conduct one direct and one cross; in addition, one will present the opening statements and another will present closing arguments. In other words, the eight attorney duties for each team will be divided as follows:
1. Opening Statement 2. Direct Examination of Witness #1 3. Direct Examination of Witness #2 4. Direct Examination of Witness #3 5. Cross Examination of Witness #1 6. Cross Examination of Witness #2 7. Cross Examination of Witness #3 8. Closing Argument (including Rebuttal) [See Rule
14.] Every attorney must conduct a direct and cross examination.
(d) Opening Statements must be given by both sides at the beginning of the trial.
(e) Closing Arguments must be presented by both sides at the conclusion of the defense’s case in chief. The Prosecution/Plaintiff gives their closing argument first but may reserve all or a portion of its closing time for a rebuttal.
(f) The attorney who will examine a particular witness on direct examination is the only person who may make the objections to the opposing attorney’s questions of that witness’ cross examination. and The attorney who will cross examine a witness will be the only one attorney permitted to make objections during the direct examination of that witness.
(g) The attorneys who make the opening statement or the closing argument during a trial round are the only people
who may make an “objection” to an opponent’s opening statement or closing argument, as outlined in Rule 50(a).
(h) Each team must call three witnesses. Witnesses must be called only by their own team and examined by both sides. A team may not treat its own witness as a hostile witness, unless expressly authorized within the case materials. Witnesses may not be recalled by either side. Witnesses may be called in any order, regardless of the order in which they are listed on the Trial Squad Roster Form or in which they have been called in earlier rounds of the competition.
Rule 13. Swearing of Witnesses
(a) The following oath may be used before questioning begins: “Do you promise that the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?”
(b) The swearing of witnesses will be conducted by the examining attorney prior to questioning or by the presiding judge at the start of the trial. No religious texts or references to a deity may be used.
Rule 14. Trial Sequence and Time Limits
(a) The trial sequence and time limits are as follows: 1. Opening Statement (5 minutes per side) 2. Direct and Redirect (optional) Examination (25
minutes per side) 3. Cross and Recross (optional) Examination (20
minutes per side) 4. Closing Argument (5 minutes per side)
(b) Redirect and Recross examinations must conform to restrictions in Rule 611(d). The Prosecution/Plaintiff’s rebuttal is not limited to the scope of the Defense’s closing argument.
(c) Attorneys are not required to use the entire time allotted to each part of the trial. Time remaining in one part of the trial will not be transferred to another part of the trial.
(d) Even if a team has exhausted its time for direct and/or cross examination, Rule 12(e) requires that each witness be called and subjected to direct and cross examination. Accordingly, attorneys out of time will be allowed only one question in direct: “Will the witness please state your name for the record?” The opposing team will be permitted to conduct a cross examination of the witness. No questions will be allowed on cross examination if a team has used all of its allotted time for cross examination.
(See Rule 27(b) for the treatment of rule infractions.)
Rule 15. Timekeeping
(Additional explanations regarding this rule may be found in the Team and Coach Manuals.)
(a) Per Rule 7(g), each team must attempt to supply two timekeepers per round, one for each squad. Timekeepers are not official/competing team members and, except for exceptions covered by Rule 7(h), cannot be used as substitutes between rounds. These designated timekeepers are the only non-competing team members who may act as timekeepers throughout the duration of that level of competition. Timekeepers may keep time for either squad and may switch between squads between rounds.
(b) Time limits are mandatory and will be enforced.
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(c) Time for objections, extensive questioning from the judge, or administering the oath will not be counted as part of the allotted time during examination of witnesses and opening and closing statements.
(d) Time does not stop for introduction of evidence. (e) Each team will provide one timekeeper for each round
for each squad (Prosecution/Plaintiff and Defense/Defendant). A master copy of the Time Sheet is provided on the website. Time card templates are also provided on the website. Time cards must be printed on yellow paper. When the time allowed for a category has expired, the timekeeper will raise the STOP card so that it may be visible to the judge and both counsels. If the STOP card is raised and the attorney continues without permission from the judge to do so, attorneys for the opposing team may use a special objection, such as “time has expired,” to bring the matter to the judge’s attention.
(f) At the end of each task during the trial presentation (i.e. at the end of each opening, at the end each witness examination, at the end of each cross examination and at the end of each closing argument) if there is more than a 15 second discrepancy between the teams’ timekeepers, the timekeepers must notify the presiding judge of the discrepancy. The presiding judge will then rule on the discrepancy, the timekeepers will synchronize their stopwatches accordingly and the trial will continue. No time disputes will be entertained after the trial concludes.
(g) At the conclusion of the round, the presiding judge will ask the timekeepers to present their forms. It is the sole discretion of the scoring judges as to how they will interpret and weigh violations of time limits, and their decisions will be final.
Rule 16. Time Extensions and Scoring
The presiding judge has sole discretion to grant time extensions. If time has expired the attorney may not continue without permission from the Court. Judges are encouraged to allow the completion of an answer which is in progress at the moment time is called. If an attorney pleads for additional examination after time is called, judges may permit a time extension but are strongly encouraged to limit any time extension to one question only.
Rule 17. Prohibited and Permitted Motions
(a) No pre-trial motions may be made. A motion for directed verdict, acquittal, or dismissal of the case at the end of the Plaintiff/Prosecution’s case may not be used. No motions may be made unless expressly provided for in the problem.
(b) A motion for a recess may be used only in the event of an emergency (e.g., health emergency). To the greatest extent possible, team members are to remain in place. Should a recess be called, teams are not to communicate with any observers, coaches, or instructors regarding the trial.
(c) In the event that a team member attorney believes, during the course of a trial round in which that team member attorney is competing, that the presiding judge has materially departed from the rules of the mock trial competition, the team member attorney may move for compliance with the rules of the mock trial competition. Such motions must be presented respectfully, must direct the presiding judge’s attention to the applicable
rule, and must be raised at the time of the presiding judge’s alleged departure from the rules. No claim that the presiding judge has departed from the rules of the mock trial competition may be made after the judging panel has returned to the courtroom for debriefing.
Rule 18. Sequestration
Teams may not invoke the rule of sequestration.
Rule 19. Bench Conferences
Bench conferences may be granted at the discretion of the presiding judge, but should be made from the counsel table in the educational interest of handling all matters in open court.
Rule 20. Supplemental Material/Illustrative Aids
(Additional explanations regarding this rule may be found in the Coaches’ Manual)
(a) Teams may refer only to materials included in the trial packet. No illustrative aids of any kind may be used, unless provided in the case materials. No enlargements or alterations of the case materials by teams will be permitted. If any team member has a disability and requires special assistance, services, or printed materials in alternative formats, in order to participate in the Georgia Mock Trial Competition, the teacher or attorney coach must contact the State Mock Trial Coordinator well in advance of the regional competition date to receive modified case materials or make arrangements for special assistance or services.
(b) Absolutely no props, uniforms, or costumes are permitted, unless specifically authorized in the trial materials. Costuming is defined as hairstyles, clothing, accessories, and makeup, which are case specific.
(c) The only documents which the teams may present to the presiding judge or scoring panel are the individual exhibits as they are introduced into evidence and the team roster forms. Teams shall not show any copies of any exhibit to the scoring panel other than the single individual copy of any exhibit that has been admitted into evidence. Exhibit notebooks are not to be provided to the presiding judge or scoring panel. (See Rule 27 for the treatment of rule infractions.)
Rule 21. Trial Communication
(a) Instructors, non-competing team members, alternates, Court Artist contestants, and observers shall not talk to, signal, communicate with, or coach their teams during a trial. No coach is allowed inside the bar at any time during a trial. This rule remains in force during any recess time which may occur.
(b) For purposes of this rule, the trial ends after all closing arguments in that round, including rebuttals, have concluded and the judge has asked the evaluators to retire to calculate their scores.
(c) Official/Competing team members may, among themselves, communicate during the trial; however, no disruptive communication is allowed. Signaling of time by the teams’ timekeepers shall not be considered a violation of this rule.
(d) Non-competing/additional team members, contest participants, teachers, and coaches must remain outside the bar in the spectator section of the courtroom. Only official/competing team members participating in the
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round may sit inside the bar and communicate with each other.
(e) Except in the case of an emergency, no official/competing team member is allowed to leave a courtroom during a round without the permission of the court.
(f) If a recess is taken during a trial for any reason, to the greatest extent possible team members should remain seated in their appropriate positions within the courtroom until the trial resumes.
(g) Official/Competing team members may not use cell phones, Blackberries, PDAs, laptops or other electronic communication devices during a trial.
(h) All electronic communication devices (belonging to team members, coaches, contest participants and observers) should be turned off during the entirety of the trial.
Rule 22. Viewing a Trial
(a) Team members, alternates, coaches, spectators and any other persons directly associated with a mock trial team are not allowed to view other teams in competition, so long as their team remains in the competition.
(b) A team that has been eliminated from one level of the competition may not share its scoresheets, judge/evaluator comment sheets, or other observations of an opponent’s performance with another team that remains in the competition, until that team is eliminated from the competition entirely.
(c) A violation of Rule 22(b) will be considered as occurring “outside the bar” and will be handled in accordance with the procedure outlined in Rule 35.
Rule 23. Videotaping/Photography
(a) Any team has the option to refuse participation in videotaping, tape-recording, still photography, or media coverage.
(b) Media coverage will be allowed by the two teams in the championship round at the State Finals.
(c) Media representatives authorized by the trial coordinator will wear identification badges.
C. JUDGING
Rule 24. Decisions
All decisions of the judging panel are FINAL.
Rule 25. Composition of Panel
(a) The judging panel will consist of at least three individuals. The composition of the judging panel and the role of the presiding judge will be at the discretion of the trial coordinator, with the same format used throughout the competition, as follows:
1. One presiding judge and two attorney scoring evaluators (all three of whom complete score sheets); or
2. One presiding judge and three attorney scoring evaluators (scoring evaluators only complete score sheets).
(b) The semi-final and/or championship round may have a larger panel at the discretion of the trial coordinator.
(c) All presiding judges and scoring evaluators receive the judge’s edition of the mock trial manual, which includes orientation materials and a bench brief and a briefing in a judges’ orientation.
(d) Judging panel members should turn off and/or not use their cell phones, pagers, PDAs, etc. during a trial round.
(e) In the event of an emergency (ex. sudden illness, etc.), if a judging panel member must leave the courtroom, the presiding judge will call for a brief recess, assess whether the judging panel member will be able to return in a reasonably short period of time and then resume the proceedings upon the panel member’s return to the courtroom. During the entirety of any type of recess, Rule 21(f) applies to the teams in the courtroom.
(f) If the panel member is unable to return to the courtroom, the trial coordinator must be informed and the panel composition adjusted to best meet the requirements of the rules and the round should resume.
Rule 26. Scoresheets/Ballots
(a) The term “ballot” will refer to the decision made by a scoring judge as to which team made the best presentation in the round. The term “scoresheet” is used in reference to the form on which speaker and team points are recorded. Scoresheets are to be completed individually by the scoring judges. Scoring judges are not bound by the rulings of the presiding judge. The team that earns the highest points on an individual judge’s scoresheet is the winner of that ballot. The team that receives the majority of the three ballots wins the round. The ballot votes determine the win/loss record of the team for power-matching and ranking purposes. While the judging panel may deliberate on any special awards, (i.e., Outstanding Attorney/Witness) the judging panel may not deliberate on individual scores.
(b) When exceptional presentations are made, the judging panel has the option of recognizing one Outstanding Attorney and/or one Outstanding Witness per competition round. This award is determined by a majority vote of the judging panel and will be announced at the closing assembly following preliminary rounds.
(c) Judging panel members may not discuss the individual speaker or team points from their individual ballot with team members, team coaches or any other individual directly related to a team in the competition. In addition to the oral debriefing, judging panel members will be provided with an optional judging panel worksheet (8.5”x14”) on which they may record any individual observations they wish to share with a team or team member; team members, team coaches and other individuals directly related to a team in competition may not challenge a judging panel member with respect to his/her scores.
(d) Any questions regarding the accuracy of mathematical computations on a completed scoresheet, blanks on a completed scoresheet and/or the accuracy of a team’s final record at any given level of the competition must be brought to the attention of the trial coordinator on site by the primary teacher or attorney coach within 30 minutes of the announcement of the teams moving on to the semi-final or final round or the announcement of the winner of that level of the competition.
Rule 27. Completion of Scoresheets
(a) Scoresheets are to be completed in four steps: 1. Speaker Points—The scoring evaluator will record
a number of speaker points (1-10) for each section of the trial.
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2. Sub-Total—At the end of the trial, the scoring evaluator will total the sum of each team’s individual speaker points and place this sum in the Sub-Total box.
3. Team Points—The scoring evaluator will give a number of points (1-10) to each team in the Team Points box. NO TIE IS ALLOWED IN THE TEAM POINT BOX.
4. Final Point Total—The scoring evaluator will add the sub-total and team points boxes to achieve a final point total for each team. NO TIE IS ALLOWED IN THE FINAL POINT TOTAL BOX. The team with the highest number of points in the Final Point Total box receives the ballot from that scoring judge.
(b) Each scoring evaluator may wish to consider specific point deductions for rules violations, which the scoring evaluator has observed during the trial, whether or not the formal dispute process has been invoked. Deductions may be considered for violations and charged against the score of an individual speaker (in the Speaker Points categories) or against the entire team (in the Team Points category). Examples of rule violations include but are not limited to: Unfair Extrapolations (Rule 4); Exceeding Time Limits (Rule 14); Use of Unapproved Supplemental Material (Rule 20); Improper Courtroom Decorum (Rule 40 and Ethics Code §1); Student Work Product (Rule 41 and Ethics Code §3); and Excessive or Frivolous Objections (Ethics Code §1).
(c) Should only two scoring evaluators be available for a round, the trial coordinator shall average the scores of the scoring evaluators present at the specific round to achieve the required third score. The third scoring evaluator’s score shall equal one-half the sum of the other two scoring evaluators’ total scores for Plaintiff/Prosecution and Defendant/Defense.
(d) Fractions will be rounded to the nearest higher whole number.
(e) In the rare instance that the third scoresheet has a tie in the Final Point Total boxes, the philosophy outlined in Rule 28(a)(4) applies; only the point spread between the two actual scoresheets from the round will be compared. In this case, whichever team has the greatest point spread is the team that should receive the ballot of the third scoresheet. However, the Final Point Total of the third should remain as a tie and be factored into the point summaries used in power matching.
(f) In cases where a scoresheet is submitted with a blank in a speaker point or team point box, the scoring coordinator will make every effort to contact that evaluator to have the evaluator complete the scoresheet. In the event that the evaluator cannot be reached either by phone or in person to correct the scoresheet, the scoring coordinator will fill in the blank by averaging the speaker points awarded by that evaluator for that squad. The scoring coordinator will add this averaged total to the blank box, initial the addition, note on the scoresheet that it is an averaged point award, correct the final point total box and notify the mock trial office.
Rule 28. Team Advancement
(a) Teams will be ranked based on the following criteria (the “Ranking Rule”) in the order listed:
1. Win/Loss Record—Equals the number of courtrooms won or lost by a team.
2. Total Number of Ballots—Equals the number of scoring judges’ votes a team earned in preceding rounds.
3. Total Number of Points Accumulated in Each Round
4. Point Spread against Opponents—The point spread is the difference between the total points earned by the team whose tie is being broken less the total points of that team’s opponent in each previous round. The greatest sum of these point spreads will break the tie in favor of the team with the largest cumulative point spread if the teams are in the winning bracket. If the tie occurs between two teams in the losing bracket, then the tie will be broken in favor of the team receiving the smallest cumulative point spread.
(b) The results of the performance of each team’s Plaintiff/Prosecution and Defendant/Defense sides in different courtrooms will not be added together for averaging purposes, to determine which teams advance, for breaking a tie, or for any other purpose.
(c) In head-to-head matches at the Regional Competition (the semi-final round (when utilized) and championship round) and at the District Competition (all rounds), the rounds stand alone, with each team beginning with a clean slate. If the two teams in the championship an affected round tie in the following three categories in this order—win/loss of courtroom, number of ballots, and number of points—the trial coordinator will use this procedure to resolve the tie:
1. Figure the point spread for each ballot won by a team and
2. Add the point spreads for each team. The team with the largest cumulative point spread wins the championship round. Only in the extremely rare event that this point-spread total also results in a tie, Rule 28 would be invoked in its entirety, thus evaluating the teams’ performances throughout this level of competition (i.e., the State Finals would look only at performance at the State Finals level). The trial coordinator would examine the individual team records, taking each of the following steps in this order until the tie is broken:
1. Compare the win/loss records; 2. Compare the ballot records from preliminary
rounds; 3. Compare the total number of points earned in
preliminary rounds; 4. Compare the point spread from the preliminary
rounds. At each step, the tie is broken in favor of the team with the highest number (i.e., more wins, ballots, points, or larger point spread than the opponent).
(d) Announcements of the results of final regional ranking and district champion round are subject to verification by the state mock trial office before those results become official.
(e) Wildcard Teams at State Finals: In seasons where an odd number of Districts are comprised, a Wildcard team will be chosen to advance to the State Finals competition. The mock trial office will pool all district finalist teams and will draw the Wildcard team. This Wildcard team will advance to the State Finals competition. No matches at
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the State Finals Competition (random or power matches) will be affected by regional or district conflicts.
Rule 29. Power Matching/Seeding for Regional Competitions
(Additional explanations regarding the power-match scoring system may be found in the Coaches Manual.)
(a) A random method of selection will determine opponents in the first round. A power-match system will determine opponents for all other rounds. A discussion of the power match system is included in the Coaches’ Manual and is thereby incorporated into the Rules of the Competition. (A copy of the Coaches’ Manual is posted on the GHSMTC website.)
(b) Power matching will provide that: 1. Pairings for the first round will be at random. In
the first round, the P and D squads from any given school team will be matched randomly with the P and D squads from two other school teams. School team matches (or “team to team” matches—where the P and D of two schools are matched only against each other) are prohibited in the first round.
2. All teams are guaranteed to present each side of the case twice.
3. Brackets will be determined by win/loss record. Plaintiff/Prosecution and Defendant/Defense squads of each team will be matched according to their separate performances in the first round. Sorting within brackets will be determined in the following order: (1) win/loss record; (2) ballots; (3) total team points; then (4) point spread. The squad with the highest number of ballots in the bracket will be matched with the opposing squad with the lowest number of ballots in the bracket; the next highest with the next lowest, and so on until all teams are matched.
4. If there are an odd number of squads in a bracket, the squad in the bottom of that bracket will be matched with the top squad from the next lower bracket.
5. Teams will not meet the same opponent twice in the preliminary rounds.
6. To determine the two teams rising to the championship round, win/loss, ballot, and point scores will be totaled for each team’s Plaintiff/Prosecution and Defendant/Defense squads. The two teams with the best combined ranking in these categories in this order (i.e., win/loss, ballot, and point scores) will rise to the championship round.
7. In regions operating under emergency circumstances with only four teams competing, the scoring coordinator will rank those teams after the randomly matched first round in order using the Ranking Rule as outlined in Rule 28(a). When setting matches for the second round, the scoring coordinator will observe the power matching procedure outlined in Rule 29 as closely as possible while adhering first and foremost to the following restrictions in setting the round two matches for four teams:
i. No team will be matched against itself. ii. No squad will be matched against the same
squad it encountered in the first round’s random draw.
iii. Team to team matches will be avoided in all preliminary rounds.
(c) At the regional level, the two teams emerging with the strongest record from the two preliminary rounds (producing scores from four courtrooms) will advance to the final round. The first-place team will be determined by the win/loss record, ballots, and total points earned (in this order) from the championship round only. Ties will be broken following the procedure outlined in Rule 28.
(d) At the regional level, where 10 or fewer teams are competing, the two teams emerging with the strongest record from the two preliminary rounds (producing scores from four courtrooms) will advance to the final round. The first-place team will be determined by the win/loss record, ballots, and total points earned (in this order) from the championship round only. Ties will be broken following the procedure outlined in Rule 28.
(e) If a region has 11+ teams competing, that regional competition will include a semi-final round after the two preliminary rounds. The top four teams determined by the two preliminary rounds will compete in the semi-final round. The most powerful team will be matched with the least powerful team, and the two middle teams will be matched together, regardless of whether the squads have competed against each other in the preliminary rounds. The two most powerful teams emerging from the semi-final round will rise to the championship round. The regional champion team will be determined by the win/loss record, ballots, and total points earned (in this order) from the championship round only. Ties will be broken following the procedure outlined in Rule 28.
Rule 30. Seeding and Round Matching for District Competition
(a) All matches at the district level will be conducted as head-to-head knockout rounds.
1. Head-to-head matches the P and D squads of one team to the D and P squads of another team (P1 v. D2, P2 v. D1).
2. The winning teams of each head-to-head match will be determined first by the total number of ballots won, and total points earned (in this order), in each round’s match only. Ties will be broken following the procedures outlined in Rule 28(a) and (c).
(b) Districts that are comprised of two regions shall be seeded and matched in the following manner:
1. Each Regional Champion will receive a bye in the first round.
2. The second and third place teams from one region will be matched against the third and second place teams from the other region, respectively.
3. At the end of the first round, the two teams winning their first round match will advance to the second round. These teams will be matched against the two Regional Champions in the following manner: i. If each advancing team from the first round is
from separate regions, the match will be made so neither of a region’s teams will meet in the second round.
ii. If each advancing team from the first round is from the same region, the team who finished 3
rd at the regional level will meet that region’s
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champion while the team who finished 2nd
at the regional level will meet the other regional champion in the second round.
4. At the end of the second round, the two teams that won their second round match will face off in the final/championship round. The first-place team will be determined by the results from the championship round only.
(c) Districts that are comprised of three regions shall be seeded and matched in the following manner:
1. Region Champion teams will have the average ballot total from the team’s three (or four in the case of a semi-final round at the regional level) regional competition rounds calculated prior to the first round of the district competition. This ballot average will be used to seed the Regional Champion teams.
2. The top two seeded Regional Champion teams will receive a first round bye.
3. The three region finalist teams from each region will have the point averages calculated prior to the first round of the district competition in the same manner as outlined Rule 31(b)(1). This point total will be used to seed the three region semi-finalists.
4. The third seeded Region Champion team (who did not receive the bye) will be matched against the lowest seeded finalist team and the first and second seeded finalist teams will be matched for the first round.
5. At the end of the first round, the two teams winning their first round match will advance to the second round. The higher ranked team of the two teams will be matched against the second seeded Regional Champion team and the lower ranked of the two teams will be matched against the top seeded Regional Champion team.
6. At the end of the second round, the two teams that won their second round match will face off in the final/championship round. The first-place team will be determined by the results from the championship round only.
Rule 31. Power Matching and Seeding at the State Finals Tournament
(a) Teams will compete as a team in head-to-head matches for all rounds of the State Finals Tournament.
(b) A random method of selection will determine opponents in the first round.
(c) After the first round, two evenly populated brackets will be determined by win/loss record. Teams will be matched according to their collective performances in the first round. Sorting within brackets will be determined in the following order: (1) win/loss record; (2) ballots; (3) speaker points; then (4) point spread. The team with the highest number of ballots in the bracket will be matched with the team with the lowest number of ballots in the bracket; the next highest with the next lowest, and so on until all teams are matched.
(d) Teams will not meet the same opponent twice in the preliminary rounds.
(e) The two teams who win both preliminary rounds will advance to the final round. The first-place team will be determined by the win/loss record, ballots, and total points earned (in this order) from the championship
round only. Ties will be broken following the procedure outlined in Rule 28.
Rule 32. [reserved]
Rule 33. Effect of a Win by Default
For the purpose of advancement and seeding, when a team wins by default, the winning team for that round will be given a win and the number of ballots and points equal to the average of all winning teams’ ballots and points of that same round. A win by default can only occur under the circumstances outlined in Rule 11.
D. DISPUTE SETTLEMENT
Rule 34. Reporting a Rules Violation/Inside the Bar
(a) Disputes, which involve team members competing in a competition round and occur within the bar, must be filed immediately following the conclusion of that trial round. Disputes must be brought to the attention of the presiding judge at the conclusion of the trial.
(b) If any team believes that a substantial rules violation has occurred, one of its team member attorneys must indicate that the team intends to file a dispute. The scoring panel will be excused from the courtroom, and the presiding judge will provide the team member attorney with a dispute form, on which the team member will record in writing the nature of the dispute. The team member may communicate with counsel and/or team member witnesses before lodging the notice of dispute or in preparing the form.
(c) At no time in this process may team coaches communicate or consult with the team member attorneys. Only team member attorneys may invoke the dispute procedure.
(d) The dispute procedure described in this rule may not be used to challenge an action by the presiding judge which a team believes to materially depart from the rules of the mock trial competition. If a team believes that such a material departure has occurred, one of its team member attorneys must move, during the trial round, for compliance with the rules of the mock trial competition in accordance with Rule 17. (See Rule 35(a) for resolution procedure)
(e) Rules violations and/or disputes, which involve teams, individual team members or coaches during the course of the round or during the competition day, which are not brought to the attention of the presiding judge during a round (under Rule 34(a)) or to the trial coordinator’s attention during the competition day by a teacher or attorney coach (under Rule 37), but which are discovered in the normal course of organizing and running the business of the competition on competition day and which are discovered by the trial coordinator or one of his/her coordinating team members, should be dealt with on-site (see Rule 35(b) & (c) for resolution procedure).
Rule 35. Dispute Resolution Procedure
(a) The presiding judge will review the written dispute and determine whether the dispute should be heard or denied. If the dispute is denied, the judge will record the reasons for this, announce her/his decision to the Court, retire to complete his/her scoresheet (if applicable), and
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turn the dispute form in with the scoresheets. If the judge feels the grounds for the dispute merit a hearing, the form will be shown to opposing counsel for their written response. After the team has recorded its response and transmitted it to the judge, the judge will ask each team to designate a spokesperson. After the spokespersons have had time (not to exceed three minutes) to prepare their arguments, the judge will conduct a hearing on the dispute, providing each team’s spokesperson three minutes for a presentation. The spokespersons may be questioned by the judge. At no time in this process may team coaches communicate or consult with the team member attorneys. After the hearing, the presiding judge will adjourn the court and retire to consider her/his ruling on the dispute. That decision will be recorded in writing on the dispute form, with no further announcement.
(b) Rules violations and/or disputes brought by trial coordinators and/or a member of the coordinating team must be dealt with on site and in consultation with the appropriate Director of Competitions, the Rules Subcommittee Chair, the State Coordinator, the Chair of the Committee, either Vice Chair of the Committee and/or the Special Consultant to the Committee. The trial coordinator should request a verbal explanation of the violation and/or dispute from the offending team, individual or coach before contacting the appropriate and/or available HSMT leader. In consultation, the trial coordinator and the HSMT leader(s) contact will decide the outcome of the situation. All decisions in this process made by the trial coordinator in consultation with HSMTC leadership will be considered final.
(c) If a trial coordinator, in consultation with HSMTC leadership, determines that a rules violation did occur as described in Rules 32(b) and 33(b), the trial coordinator and HSMTC leader(s) may choose to impose one or more of the consequences outlined in Rule 10(e) 1-5.
Rule 36. Effect of Violation on Score
If the presiding judge determines that a substantial rules violation has occurred, the judge will inform the scoring judges of the dispute and provide a summary of each team’s argument. The scoring judges will consider the dispute before reaching their final decisions. The dispute may or may not affect the final decision, but the matter will be left to the discretion of the scoring judges.
Rule 37. Reporting of Rules Violation/Dispute Outside the Bar on Competition Day
(a) Time is of the essence in all matters during any level of the competition. Coaches and team members are expected to communicate before and after competition rounds on a variety of competition-related topics, in addition to student performance. Moreover, coaches should communicate with each other during the course of the competition day so that they are aware, within a reasonable amount of time, of events that occur during the competition that relate to their competition team, including any potential outside the bar rules violation/dispute that may have occurred.
(b) A Rules Violation/dispute, which involves people other than team members and/or occurs outside the bar only during a trial round on competition day, may be brought by the primary teacher or attorney coaches exclusively. Such disputes must be brought to the attention of the
trial coordinator as soon as possible, but in no event more than 30 minutes after the end of the round in which the alleged violation occurred. The complaining party must complete a dispute form in order for the dispute to be heard. The form will be taken to the tournament’s communication’s center, whereupon a dispute resolution panel will:
1. Notify all pertinent parties; 2. Allow time for a response, if appropriate; 3. Conduct a hearing; and 4. Rule on the charge.
(c) The trial coordinator and/or his/her designated dispute resolution panel must handle all disputes of this type on site and on the day of the competition. The dispute resolution panel may notify the judging panel of the affected courtroom of the ruling on the charge.
(d) The dispute resolution panel will be composed of designees, including available HSMTC leaders, appointed by the trial coordinator, who may also sit on the panel.
(e) The decision of the dispute resolution panel in these matters will be considered final and no appeals will be heard.
(f) If a trial coordinator, in consultation with HSMTC leadership, determines that an “outside the bar” rules violation did occur, the trial coordinator and/or HSMTC leader(s) may choose to impose one or more of the consequences outlined in Rule 10(e)(1-5).
(g) Teams shall not bring outside the bar disputes/issues that arise on competition day directly to the state mock trial office for consideration at any time.
(h) If a coach discovers a potential outside the bar violation after the 30-minute time frame for disputes has elapsed, but on the same day that the alleged violation occurred, and wishes to have the matter reviewed, that coach is required to bring the issue to the attention of the trial coordinator before leaving the competition site. The trial coordinator will then convene the dispute resolution panel to review the matter as described in sections (b) through (e) of this rule. If a coach leaves the competition site knowing that a potential outside the bar rules violation/dispute has occurred, but without formally bringing it to the attention of the trial coordinator, the team forfeits the right to file the complaint or have the matter reviewed in any way.
(i) Only under the most extenuating of circumstances, which must be described in writing, may a coach bring a complaint of an outside the bar rules violation/dispute to the Rules chair on the Monday after that level of the competition has concluded. If the Rules Chair determines that the issue could not be brought to the attention of the trial coordinator at the competition site, s/he will review the issue and may choose to request a response from the alleged offender in order to gain a clearer understanding of the situation. The Rules Chair may resolve the dispute at the time it is submitted; if the Rules Chair determines that a violation did occur, s/he, in consultation with other HSMTC leaders and with the advice of the State Coordinator, may impose one or more of the consequences outlined in Rules 10(e)(1-5) on the offending team, coach, or individual team member.
(j) The Rules Chair, in his/her sole discretion, may also elect not to resolve the dispute but to include the issue in the rules review at the next meeting of the Subcommittee on the Rules. Regardless of whether the dispute is resolved,
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it will have no bearing on the outcome of any competition round(s) during the competition level at which the dispute arose.
II. RULES OF PROCEDURE
A. BEFORE THE TRIAL
Rule 38. Trial Squad Roster Form
Copies of the Trial Squad Roster Form must be completed and duplicated by each team prior to arrival at the competition site. Teams must be identified by the code assigned at registration. No information identifying team origin should appear on the form. Before beginning a trial, the teams must exchange copies of the Trial Squad Roster Form. Witness lists should identify the gender of each witness so that references to such parties will be made in the proper gender. Copies of the Trial Squad Roster Form should also be made available to the judging panel and presiding judge before each round. The Trial Squad Roster Form is available as a fillable and saveable PDF on the HSMT website and should be submitted in typed form whenever possible.
Rule 39. Stipulations
Stipulations shall be considered part of the record and already admitted into evidence.
Rule 40. The Record
The stipulations, the indictment, and the Charge to the Jury will not be read into the record.
B. BEGINNING THE TRIAL
Rule 41. Jury Trial
The case will be tried to a jury; arguments are to be made to judge and jury. Teams may address the scoring judges as the jury.
Rule 42. Standing During Trial
Attorneys who are able will stand while giving opening and closing statements, during direct and cross examinations, and for all objections. (See Rule 27 for the treatment of rule infractions.)
Rule 43. Student Work Product
All opening statements and closing arguments, all direct and cross examinations, and all objections shall be substantially the work product of team members and not be scripted by coaches. (See Rule 27 for the treatment of rule infractions.)
C. PRESENTING EVIDENCE
Rule 44. Argumentative/Ambiguous Questions and Non-Responsive Answer
(a) Argumentative—An attorney shall not ask a question which asks the witness to agree to a conclusion drawn by the questions without eliciting testimony as to new facts; provided, however, that the Court may in its discretion allow limited use of argumentative questions on cross examination.
(b) Ambiguous Questions—An attorney shall not asks questions that are capable of being understood in two or more possible ways.
(c) Non-Responsive Answer—A witness’ answer is objectionable if it fails to respond to the question asked.
Rule 45. Assuming Facts Not in Evidence
An attorney shall not ask a question that assumes unproved facts. However, an expert witness may be asked a question based upon stated assumptions, the truth of which is reasonably supported by the evidence.
Rule 46. Lack of Proper Predicate/Foundation
Attorneys shall lay a proper foundation prior to moving admission of evidence. After the motion has been made, the exhibits may still be objectionable on other grounds.
Rule 47. Procedure for Introduction of Exhibits
At the regional and state level of the Georgia High School Mock Trial Competition, the following procedure for introducing evidence is accepted practice. All teams should be prepared to follow these steps and all presiding judges should allow students to utilize this procedure for the introduction of evidence during competition rounds.
1. All evidence will be pre-marked as exhibits. 2. Timekeepers will not stop time during the introduction
of evidence. 3. Show the exhibit to opposing counsel. 4. Ask for permission to approach the witness. Give the
exhibit to the witness. 5. “I now hand you what has been marked as Exhibit
No.___ for identification.” 6. Ask the witness to identify the exhibit. “Would you
identify it please?” 7. Witness answers with identification only. 8. Offer the exhibit into evidence. “Your Honor, we offer
Exhibit No.___ into evidence at this time. The authenticity of this exhibit has been stipulated.”
9. Court: “Is there an objection?” (If opposing counsel believes a proper foundation has not been laid, the attorney should be prepared to object at this time.)
10. Opposing Counsel: “No, your Honor,” or “Yes, your Honor.” If the response is “Yes,” the objection will be stated on the record. Court: “Is there any response to the objection?”
11. Court: “Exhibit No. ___ is/is not admitted.” 12. If the exhibit is admitted into evidence, the attorney
may now solicit testimony on its contents.
Rule 48. Use of Notes
Attorneys may use notes in presenting their cases. Witnesses are not permitted to use notes while testifying during the trial. Attorneys may consult with each other at counsel table verbally or through the use of notes.
Rule 49. Redirect/Recross
Redirect and Recross examinations are permitted, provided they conform to the restrictions in Rule 611(d) in the Rules of Evidence.
D. SPECIAL MOCK TRIAL OBJECTIONS
Rule 50. Special Mock Trial Objections
(a) “Objections” during Openings/Closings: No objections may be raised during opening statements or during closing arguments. If a team believes an objection would have been proper during the opposing team’s opening
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statement or closing argument, one of its attorneys (per Rule 12(e)) may, following the opening statement or closing argument, stand to be recognized by the judge and may say, “If I had been permitted to object during [opening statement or closing argument], I would have objected to the opposing team’s statement that ________________.” The opposing team is allowed a response. The presiding judge will not rule on the “objection.” Presiding and scoring judges will weigh the “objection” and response (if given) individually.
(b) Scope of Closing Arguments: Closing Arguments must be based on the actual evidence and testimony presented during the trial, including rebuttal.
(c) Excessive and/or Intentionally Evasive and/or Non-Responsive Answers from Witnesses: If a team believes that an opposing team's witness has engaged in excessive or intentional evasiveness and/or excessive or intentional non-responsive answers on cross, solely to use up an opponent’s allotted cross examination time, and the attorney handling the cross examination of that witness has exhausted all methods of attempting to control that witness, that attorney may, at the end of that cross examination make an “objection” to “excessive/intentional evasiveness/non-responsiveness” on the part of that witness. If an attorney makes this mock trial “objection”, he or she may stand at the end of his/her cross examination and ask to be recognized by the presiding judge saying, “Your honor, I object to the excessive/intentional evasiveness/non-responsiveness displayed by Witness X. I believe his/her sole purpose for using this tactic was to use up my allotted time during cross examination.”
(d) The presiding judge shall allow no response to the objection from the opposing team. The presiding judge shall not rule on this objection; however, the presiding judge may indicate to scoring evaluators that they may consider the “objection” at their discretion when completing their scoresheet (see Rule 27 for point deductions for rules infractions).
(e) Evaluators may deduct points from any witness or witnesses and any team whose conduct properly draws such an objection or reasonably could have properly drawn such an objection even if no objection is made. Evaluators may also award additional points to attorneys or teams that effectively control witnesses/teams that use such delaying tactics during the cross examination, regardless of an “objection” under this rule being made.
E. CRITIQUE
Rule 51. The Critique
(a) The judging panel is allowed 10 minutes for debriefing. The timekeepers will monitor the critique following the trial. Presiding judges are to limit critique sessions to the 10 minutes total time allotted.
(b) Judges shall not make a ruling on the legal merits of the trial. Judges may not inform the students of scoresheet results or the awarding of outstanding attorney or witness certificates.
III. GEORGIA HIGH SCHOOL MOCK TRIAL COMPETITION RULES OF EVIDENCE
In American trials, complex rules are used to govern the
admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that all parties receive a fair hearing and to exclude evidence deemed irrelevant, incompetent, untrustworthy, unduly prejudicial or otherwise improper. If it appears that a rule of evidence is being violated, an attorney may raise an objection to the judge. The judge then decides whether the rule has been violated and whether the evidence must be excluded from the record of the trial. In the absence of a properly made objection, however, the evidence will probably be allowed by the judge. The burden is on the mock trial team to know the Georgia High School Mock Trial Competition Rules of Evidence and to be able to use them to protect their client and fairly limit the actions of opposing counsel and their witnesses.
For purposes of mock trial competition, the Rules of Evidence have been modified and simplified. They are based on the Federal Rules of Evidence, and its numbering system. Where rule numbers or letters are skipped, those rules were not deemed applicable to mock trial procedure. Text in italics or underlined represent simplified or modified language.
Not all judges will interpret the Rules of Evidence (or procedure) the same way, and mock trial attorneys should be prepared to point out specific rules (quoting, if necessary) and to argue persuasively for the interpretation and application of the rule they think appropriate.
The Mock Trial Rules of Competition, the Rules of Procedure, and these simplified Rules of Evidence govern the Georgia Mock Trial Competition.
Article I. General Provisions
Rule 101. Scope
These rules govern proceedings in the Georgia Mock Trial Competition.
Rule 102. Purpose and Construction
These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination.
Rule 105. Limited Admissibility
When evidence which is admissible as to one party or for one purpose, but is not admissible as to the other party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Rule 106. Remainder of or Related Writings or Recorded Statements
When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.
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Article II. Judicial Notice
Rule 201. Judicial Notice of Adjudicative Facts
(a) This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
(b) The court may judicially notice a fact that is not subject to reasonable dispute because it is a matter of mathematical or scientific certainty. For example, the court could take judicial notice that 10 x 10 = 100 or that there are 5280 feet in a mile.
(c) The court must take judicial notice if a party requests it and the court is supplied with the necessary information.
(d) The court may take judicial notice at any stage of the proceeding.
(e) A party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed.
(f) In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.
Article III. Presumptions in Civil Actions and Proceedings
(Not applicable in criminal cases)
Rule 301. Presumptions in General in Civil Actions and Proceedings
In all civil actions and proceedings…a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of non-persuasion, which remains throughout the trial upon the party on whom it was originally cast.
Article IV. Relevancy and its Limits
Rule 401. Test for Relevant Evidence
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable
than it would be without the evidence; and (b) the fact is of consequence in determining the action.
Rule 402. General Admissibility of Relevant Evidence
Relevant evidence is admissible unless these rules provide otherwise. Irrelevant evidence is not admissible.
Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 404. Character Evidence; Crimes or Other Acts
(a) Character Evidence. 1. Prohibited Uses. Evidence of a person’s character or
character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.
2. Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case:
a. a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;
b. a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:
i. offer evidence to rebut it; and ii. offer evidence of the defendant’s same
trait; and c. in a homicide case, the prosecutor may offer
evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor.
3. Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.
(b) Crimes, Wrongs, or Other Acts. 1. Prohibited Uses. Evidence of a crime, wrong, or
other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.
2. Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
Rule 405. Methods of Proving Character
(a) By Reputation or Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person’s conduct.
(b) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.
Rule 406. Habit, Routine Practice
Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was an eyewitness.
Rule 407. Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:
negligence;
culpable conduct;
a defect in a product or its design; or
a need for a warning or instruction. But the court may admit this evidence for another purpose,
such as impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.
Rule 408. Compromise Offers and Negotiations
(a) Prohibited Uses. Evidence of the following is not admissible — on behalf of any party — either to prove or
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disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction: 1. furnishing, promising, or offering — or accepting,
promising to accept, or offering to accept — a valuable consideration in compromising or attempting to compromise the claim; and
2. conduct or a statement made during compromise negotiations about the claim — except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.
(b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
Rule 409. Offers to Pay Medical And or Similar Expenses (civil case only)
Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.
Rule 410. Pleas, Plea Discussions, and Related Statements
(a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions: 1. a guilty plea that was later withdrawn; 2. a nolo contendere plea; 3. a statement made during a proceeding on either of
those pleas under Federal Rule of Criminal Procedure 11 or a comparable state procedure; or
4. a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
(b) Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4): 1. in any proceeding in which another statement made
during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or
2. in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.
Rule 411. Liability Insurance (civil case only)
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or proving agency, ownership, or control.
Article V. Privileges
Rule 501. General Rule
There are certain admissions and communications excluded from evidence on grounds of public policy. Among these are:
1. communications between husband and wife; 2. communications between attorney and client; 3. communications among grand jurors; 4. secrets of state; and
5. communications between psychiatrist and patient.
Article VI. Witnesses
Rule 601. General Rule of Competency
Every person is competent to be a witness.
Rule 602. Need for Personal Knowledge
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703. (See Rule 2.2)
Rule 603. Oath or Affirmation
Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation, administered in a form calculated to awaken the witness’ conscience and impress the witness’ mind with the duty to do so. [The mock trial oath is provided in the Rules of the Competition at Rule 12.]
Rule 604. Interpreters
An interpreter is subject to the provisions of these rules relating to the qualification as an expert and the administration of an oath or affirmation to make a true translation.
Rule 607. Who May Impeach A Witness
Any party, including the party that called the witness, may attack the witness’s credibility.
Rule 608. A Witness’s Character For Truthfulness or Untruthfulness
(a) Reputation or Opinion Evidence. A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
(b) Specific Instances of Conduct. Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: 1. the witness; or 2. another witness whose character the witness being
cross-examined has testified about. By testifying on another matter, a witness does not waive any
privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.
Rule 609. Impeachment by Evidence of a Criminal Conviction
(a) In General. The following rules apply to attacking a witness’s character for truthfulness by evidence of a criminal conviction: 1. for a crime that, in the convicting jurisdiction, was
punishable by death or by imprisonment for more than one year, the evidence:
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a. must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness is not a defendant; and
b. must be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant; and
2. for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving — or the witness’s admitting — a dishonest act or false statement.
(b) Limit on Using the Evidence After 10 Years. This subdivision (b) applies if more than 10 years have passed since the witness’s conviction or release from confinement for it, whichever is later. Evidence of the conviction is admissible only if its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect.
(c) Effect of a Pardon, Annulment, or Certificate of Rehabilitation. Evidence of a conviction is not admissible if: 1. the conviction has been the subject of a pardon,
annulment, certificate of rehabilitation, or other equivalent procedure based on a finding that the person has been rehabilitated, and the person has not been convicted of a later crime punishable by death or by imprisonment for more than one year; or
2. the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(d) Juvenile Adjudications. Evidence of a juvenile adjudication is admissible under this rule only if: 1. it is offered in a criminal case; 2. the adjudication was of a witness other than the
defendant; 3. an adult’s conviction for that offense would be
admissible to attack the adult’s credibility; and 4. admitting the evidence is necessary to fairly
determine guilt or innocence. (e) Pendency of an Appeal. A conviction that satisfies this
rule is admissible even if an appeal is pending. Evidence of the pendency is also admissible.
Rule 610. Religious Beliefs or Opinions
Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.
Rule 611. Mode and Order of Interrogation and Presentation
(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: 1. make those procedures effective for determining the
truth; 2. avoid wasting time; and 3. protect witnesses from harassment or undue
embarrassment. (b) Scope of cross examination. The scope of the cross
examination shall not be limited to the scope of the direct examination, but may inquire into any relevant facts or matters contained in the witness’ statement, including all reasonable inferences that can be drawn from those facts and matters, and may inquire into any omissions from the witness statement that are otherwise material and admissible.
(c) Leading Questions. Leading questions should not be used on direct examination of a witness (except as may be necessary to develop the witness’ testimony). Ordinarily, leading questions are permitted on cross examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, leading questions may be used. A hostile witness may only be called pursuant to Rule 12(f).
(d) Redirect/Re-cross. After cross examination, additional questions may be asked by the direct examining attorney, but questions must be limited to matters raised by the attorney on cross examination. Likewise, additional questions may be asked by the cross examining attorney or re-cross, but such questions must be limited to matters raised on redirect examination and should avoid repetition.
(e) Permitted Motions. The only motion permissible is one requesting the judge to strike testimony following a successful objection to its admission.
Rule 612. Writing Used to Refresh a Witness’s Memory
If a written statement is used to refresh the memory of a witness either while testifying or before testifying, the Court shall determine that the adverse party is entitled to have the writing produced for inspection. The adverse party may cross examine the witness on the material and introduce into evidence those portions which relate to the testimony of the witness.
Rule 613. Witness’s Prior Statement
(a) Showing or Disclosing the Statement During Examination. When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney.
(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party’s statement under Rule 801(d)(2).
Article VII. Opinions and Expert Testimony
Rule 701. Opinion Testimony by Lay Witness
If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:
(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony
or to determining a fact in issue; and (c) not based on scientific, technical, or other specialized
knowledge within the scope of Rule 702.
Rule 702. Testimony by Experts
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
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Rule 703. Bases of an Expert’s Opinion Testimony
An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
Rule 704. Opinion on Ultimate Issue
(a) In General — Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
Rule 705. Disclosing the Facts or Data Underlying An Expert’s Opinion
Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
Article VIII. Hearsay
Rule 801. Definitions
The following definitions apply under this article: (a) Statement. “Statement” means a person’s oral assertion,
written assertion, or nonverbal conduct, if the person intended it as an assertion.
(b) Declarant. “Declarant” means the person who made the statement.
(c) Hearsay. “Hearsay” means a statement that: 1. the declarant does not make while testifying at the
current trial or hearing; and 2. a party offers in evidence to prove the truth of the
matter asserted in the statement. (d) Statements That Are Not Hearsay. A statement that
meets the following conditions is not hearsay: 1. A Declarant-Witness’s Prior Statement. The
declarant testifies and is subject to cross-examination about a prior statement, and the statement:
a. is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
b. is consistent with the declarant’s testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or
c. identifies a person as someone the declarant perceived earlier.
2. An Opposing Party’s Statement. The statement is offered against an opposing party and:
a. was made by the party in an individual or representative capacity;
b. is one the party manifested that it adopted or believed to be true;
c. was made by a person whom the party authorized to make a statement on the subject;
d. was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or
e. was made by the party’s coconspirator during and in furtherance of the conspiracy.
The statement must be considered but does not by itself establish the declarant’s authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
Rule 802. Hearsay Rule
Hearsay is not admissible except as provided by these Rules.
Rule 803. Exceptions to the Rule Against Hearsay – Regardless of Whether the Declarant is Available as a Witness
The following are not excluded by the hearsay rule, regardless of whether the declarant is available as a witness:
1. Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
2. Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.
3. Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
4. Statement Made for Medical Diagnosis or Treatment. A statement that:
a. is made for — and is reasonably pertinent to — medical diagnosis or treatment; and
b. describes medical history; past or present symptoms or sensations; their inception; or their general cause.
5. Recorded Recollection. A record that: a. is on a matter the witness once knew about
but now cannot recall well enough to testify fully and accurately;
b. was made or adopted by the witness when the matter was fresh in the witness’s memory; and
c. accurately reflects the witness’s knowledge. If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.
6. Records of a Regularly Conducted Activity. A record of an act, event, condition, opinion, or diagnosis if:
a. the record was made at or near the time by — or from information transmitted by — someone with knowledge;
b. the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
c. making the record was a regular practice of that activity;
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d. all these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a statute permitting certification; and
e. the opponent does not show that the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness.
7. Absence of a Record of a Regularly Conducted Activity. Evidence that a matter is not included in a record described in paragraph (6) if:
a. the evidence is admitted to prove that the matter did not occur or exist;
b. a record was regularly kept for a matter of that kind; and
c. the opponent does not show that the possible source of the information nor other circumstances indicate a lack of trustworthiness.
8. Public Records. A record or statement of a public office if:
a. it sets out: i. the office’s activities; ii. a matter observed while under a legal duty
to report, but not including, in a criminal case, a matter observed by law-enforcement personnel; or
iii. in a civil case or against the government in a criminal case, factual findings from a legally authorized investigation; and
b. the opponent does not show that the source of information nor other circumstances indicate a lack of trustworthiness.
10. Absence of a Public Record. Testimony that a diligent search failed to disclose a public record or statement if the testimony or certification is admitted to prove that:
a. the record or statement does not exist; or b. a matter did not occur or exist, if a public office
regularly kept a record or statement for a matter of that kind.
16. Statements in Ancient Documents. A statement in a document that is at least 20 years old and whose authenticity is established.
18. Statements in Learned Treatises, Periodicals, or Pamphlets. A statement contained in a treatise, periodical, or pamphlet if:
a. the statement is called to the attention of an expert witness on cross-examination or relied on by the expert on direct examination; and
b. the publication is established as a reliable authority by the expert’s admission or testimony, by another expert’s testimony, or by judicial notice.
If admitted, the statement may be read into evidence but not received as an exhibit.
21. Reputation Concerning Character. A reputation among a person’s associates or in the community concerning the person’s character.
22. Judgment of a Previous Conviction. Evidence of a final judgment of conviction if:
a. the judgment was entered after a trial or guilty plea, but not a nolo contendere plea;
b. the conviction was for a crime punishable by death or by imprisonment for more than a year;
c. the evidence is admitted to prove any fact essential to the judgment; and
d. when offered by the prosecutor in a criminal case for a purpose other than impeachment, the judgment was against the defendant.
The pendency of an appeal may be shown but does not affect admissibility.
Rule 804. Hearsay Exceptions; Declarant Unavailable
(a) Criteria for Being Unavailable. A declarant is considered to be unavailable as a witness if the declarant: 1. is exempted from testifying about the subject matter
of the declarant’s statement because the court rules that a privilege applies;
2. refuses to testify about the subject matter despite a court order to do so;
3. testifies to not remembering the subject matter; 4. cannot be present or testify at the trial or hearing
because of death or a then-existing infirmity, physical illness, or mental illness; or
5. is absent from the trial or hearing and the statement’s proponent has not been able, by process or other reasonable means, to procure:
a. the declarant’s attendance, in the case of a hearsay exception under Rule 804(b)(1) or (6); or
b. the declarant’s attendance or testimony, in the case of a hearsay exception under Rule 804(b)(2), (3), or (4).
But this subdivision (a) does not apply if the statement’s proponent procured or wrongfully caused the declarant’s unavailability as a witness in order to prevent the declarant from attending or testifying.
(b) The Exceptions. The following are not excluded by the rule against hearsay if the declarant is unavailable as a witness: 1. Former Testimony. Testimony that:
a. was given as a witness at a trial, hearing, or lawful deposition, whether given during the current proceeding or a different one; and
b. is now offered against a party who had — or, in a civil case, whose predecessor in interest had — an opportunity and similar motive to develop it by direct, cross-, or redirect examination.
2. Statement Under the Belief of Imminent Death. In a prosecution for homicide or in a civil case, a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause or circumstances.
3. Statement Against Interest. A statement that: a. a reasonable person in the declarant’s position
would have made only if the person believed it to be true because, when made, it was so contrary to the declarant’s proprietary or pecuniary interest or had so great a tendency to invalidate the declarant’s claim against someone else or to expose the declarant to civil or criminal liability; and
b. is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is
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offered in a criminal case as one that tends to expose the declarant to criminal liability.
4. Statement of Personal or Family History. A statement about:
a. the declarant’s own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood, adoption, or marriage, or similar facts of personal or family history, even though the declarant had no way of acquiring personal knowledge about that fact; or
b. another person concerning any of these facts, as well as death, if the declarant was related to the person by blood, adoption, or marriage or was so intimately associated with the person’s family that the declarant’s information is likely to be accurate.
5. Not Applicable. 6. Statement Offered Against a Party That Wrongfully
Caused the Declarant’s Unavailability. A statement offered against a party that wrongfully caused — or acquiesced in wrongfully causing — the declarant’s unavailability as a witness, and did so intending that result. For the purposes of the mock trial competition, required notice will be deemed to have been given. The failure to give notice as required by these rules will not be recognized as an appropriate objection.
Rule 805. Hearsay within Hearsay
Hearsay included within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.
Rule 806. Attacking and Supporting Credibility
When a hearsay statement has been admitted, the credibility of the declarant may be attacked and supported by any evidence, which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant, inconsistent with the declarant’s hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross examination.
Article X. Contents of Writing, Recordings, and Photographs
Rule 1002. Requirement of Original
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required ... Copies of any case materials are considered as originals.
Article XI. Miscellaneous Rules
Rule 1103. Title
These rules may be known and cited as the Georgia High School Mock Trial Competition Rules of Evidence.
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INSTRUCTIONS FOR TIMEKEEPERS Under the Rules of The Georgia High School Mock Trial Competition, all timekeepers are expected to
follow these instructions when keeping time during a competition round. Thank you for your diligence in this matter.
Before Competition Day 1. Timekeepers play an essential role during a mock trial competition round. At least two reliable
students should be recruited to fill these critical positions on the mock trial team. 2. The role of timekeeper is a required role in a competition round. Trial coordinators do not provide
additional volunteer personnel to act as timekeepers. (see 15(d)) 3. NOTE: If a team does not provide their own student timekeepers, that team must submit to the
time kept by their opponent’s timekeeper in the trial round. (see Rule 7(h)) 4. NOTE: If a situation arises where both squads in a given trial round do not provide their own
student timekeepers, the trial coordinator will require coaches from those teams to act as timekeepers during that trial round. (see Rule 7 (h))
5. Rule 14 defines the time blocks allocated to each portion of the trial. Rule 15 describes the duties of a timekeeper. Timekeepers must review the rules for timekeeping and these instructions thoroughly before competition day.
6. Timekeepers must understand how to recognize each part of the trial before competition date. If there are any questions during a trial about whether or not time has stopped, politely ask the presiding judge for clarification.
7. It is suggested that to keep track of which stopwatch is for which side, label the stopwatches “P” and “D” and keep the “P” stopwatch on your left and the “D” stopwatch on your right.
8. Time will not be counted for: objections, extensive questioning from the presiding judge or administration of the oath. Time DOES NOT stop for the introduction of evidence (see Rule 15(c)).
9. Practice timekeeping duties during team rehearsals before competition day. 10. Make copies of the time cards on yellow paper or card stock using the time card template found in
the Coaches Manual. Time intervals may not be altered.
Before the Trial Round 1. On competition day, be sure each timekeeper has
a. At least one time sheet for each round of the competition (including the final round) b. Two stopwatches per side (4 total per team)—NOTE: Some cell phones include a stopwatch
function, but it is strongly preferred, because of issues related to team communication inside the bar & the use of electronic equipment by competing team members during a competition round (see Rule 21), that timekeepers use traditional stopwatches for this task unless an unexpected battery or similar emergency related to a stopwatch arises on site and on competition day.
c. One set of “Time Remaining” cards printed on yellow paper or card stock d. One “Time Card Use” sheet e. Two pencils
2. Enter the round number and team codes in the appropriate space on the time sheet. 3. In the Attorney Task boxes on the Time Sheet, indicate team attorneys presenting each task of the
trial by recording “a,” “b,” or “c” in the space below the task number—“a” would signify the first attorney, “b” the second, and “c” the third.
4. Enter the courtroom and take your position at the end of the jury box, away from any judging panel member. Arrange stopwatches, time cards and Time Card Use sheet.
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5. Rise when the judge and jury enter the courtroom and then be seated when the presiding judge grants permission.
During the Trial Round 1. Timekeepers for both squads in a competition round will work together as a neutral “timekeeping
team” to insure that time is kept accurately and fairly for both sides in the round. 2. For each task in a trial round, time starts when each attorney starts to speak. (i.e. when the attorney
actually speaks the first word of his/her opening, closing or examination question—examples include but are not limited to, “May It Please the Court…”, or “Your Honor, ladies/gentlemen of the jury…” (for openings/closing) or “Please state your name for the court…” (for examination questions)—NOT when an attorney responds to a presiding judge’s inquiry as to whether that side is ready to proceed, asks for permission to reserve time for a rebuttal, asks for permission to use/move a podium, or to swear a witness, etc.).
2. Time stops when the attorney makes the last statement on completion of a given task. 3. Occasions when time is not counted:
a. From time witness is called until s/he finishes taking the stand (including the administration of the oath)
b. From time an objection is raised until the attorney resumes the task/examination that the objection interrupted
c. During the time a judge may raise questions to a team, the panel or the trial coordinator 4. NOTE: Time stops for OBJECTIONS. Timekeepers will stop time when an attorney says, “Objection,
Your Honor…”. Timekeepers will re-start time, after the presiding judge’s ruling, when the student attorney says the first word to continue the interrupted task/examination.
5. Time DOES NOT STOP for the introduction of evidence. 6. Reset a stopwatch to zero only at the following times:
a. At the beginning of each side’s opening statement b. At the beginning of each side’s direct examination time block c. At the beginning of each side’s cross examination time block d. At the beginning of each side’s closing argument
7. Do NOT reset a stopwatch to zero at any other time. a. Do not reset stopwatch to zero at the end of a direct or cross examination of a particular
witness, since the timekeeper may need to resume direct examination timing for redirect questioning, and cross examination timing for re-cross questioning.
b. Do not reset stopwatch to zero at the end of the P’s closing argument, since the timekeeper may need to resume the P’s closing argument timing IF the P side gives a portion of their closing before the D side and then must make a rebuttal after the D side has concluded their closing argument.
8. Timekeepers should display time cards simultaneously throughout the round and the cards must be displayed to both squads (attorneys and witnesses) and the presiding judge only at the intervals set out in the Time Card Use table. The STOP card must be displayed to both teams, the presiding judge and to the scoring judges, as well.
9. Timekeepers may not display any additional increments of time (not outlined on the time card use table) to their own team independently of the opposing team’s timekeeper at any time during the trial.
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Discrepancies in Time Between Team Timekeepers During a Trial Round 1. If timing variations of 15 seconds or more occur at the completion of any task of the trial, the
timekeepers are to notify the presiding judge that a time discrepancy has occurred. (see Rule 15(e)) 2. Timekeepers may raise time discrepancies of more than 15 seconds at the end of each task during
the trial presentation (i.e. at the end of each opening, at the end each witness examination, at the end of each cross examination and at the end of each closing argument).
3. To do this, one timekeeper will politely gain the presiding judge’s attention and state: “Your honor, under Rule 15(e), there is a time discrepancy of more than 15 seconds.”
4. The presiding judge will likely ask for an explanation of the discrepancy and will then rule on the time discrepancy before the trial continues. The presiding judge has the option to rule on the discrepancy without any explanation of why it occurred.
5. Timekeepers will synchronize their stopwatches to match the ruling of the presiding judge. (i.e. if the P team’s stopwatch indicates that the P team has 2 minutes left in the direct examination block and the D team’s stopwatch indicates that time has expired for the P team in the direct examination block, the presiding judge MIGHT decide to split the difference in the timing variation and give the P team 1 minute to conclude the direct examination. The D timekeeper would adjust timing to allow for the 1-minute decision.)
6. Any discrepancy between timekeepers of less than 15 seconds will not be considered a violation. 7. No time disputes will be entertained after the trial concludes. 8. The decisions of the presiding judge regarding the resolution of timing disputes are final.
Things to Remember During a Trial Round 1. The presiding judge has sole discretion to grant time extensions. 2. If time has expired and an attorney continues without permission from the Court, the timekeepers
should indicate so on the timesheet and should continue holding the STOP card until the overage is acknowledged and dealt with by the presiding judge. (see Rule 15(d))
3. The time sequence listed gives the maximum time limits per trial segment (see Rule 14). Time not used in one segment may not be applied to any other segment of the trial.
Concluding a Trial Round 1. After the round concludes, add up the time used for each side and sign the time sheet. 2. Politely obtain the presiding judge’s attention and turn in the time sheet before the presiding judge
retires to the scoring room. No matter the confusion, timekeepers must deliver their time sheets to the presiding judge immediately after the trial round has concluded.
3. If an “inside the bar” dispute is raised at the conclusion of the trial round, a presiding judge may request that timekeepers time portions of the dispute procedure.
4. Reset the stopwatch to zero in order to time the debriefing session. 5. Politely remind the presiding judge that both timekeepers will be timing the debriefing and that a
maximum of 10 minutes is allotted to that portion of the round. 6. Signal the presiding judge with the STOP card when the 10 minutes for debriefing has elapsed. 7. When the debriefing session has ended and the presiding judge has released both teams,
timekeepers should help the teams straighten up the courtroom for the next round.
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TIME CARD USE CHART Georgia Mock Trial Competition
For Direct Examination (25 minutes total)
When your stopwatch says Hold up the timecard that says
5:00 20:00
10:00 15:00
15:00 10:00
20:00 5:00
21:00 4:00
22:00 3:00
23:00 2:00
24:00 1:00
24:20 0:40
24:40 0:20
24:45 0:15
24:50 0:10
24:55 0:05
25:00 STOP
For Cross Examination (20 minutes total)
When your stopwatch says Hold up the timecard that says
5:00 15:00
10:00 10:00
15:00 5:00
16:00 4:00
17:00 3:00
18:00 2:00
19:00 1:00
19:20 0:40
19:40 0:20
19:45 0:15
19:50 0:10
19:55 0:05
20:00 STOP
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For Opening Statements & Closing Arguments (5 minutes each)
When your stopwatch says Hold up the timecard that says
1:00 4:00
2:00 3:00
3:00 2:00
4:00 1:00
4:20 0:40
4:40 0:20
4:45 0:15
4:50 0:10
4:55 0:05
5:00 STOP
The time sheet and the timecard templates can be found under the FORMS LINK in the secure Team Information section of the website.
Timecards must be printed on yellow paper or card stock.
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Explanation of the Performance Ratings Used on the Mock Trial Ballot
Individual participants will be rated on a scale of 1-10 speaker points, according to their role(s) in the trial. The scoring evaluator is scoring INDIVIDUAL PERFORMANCE in each speaker category and TEAM PERFORMANCE in the Team Points and Total Points boxes. The scoring evaluator is NOT scoring the legal merits of the case.
Scoring evaluators are strongly encouraged to exercise their OPTION of recognizing outstanding individual performance by honoring one OUTSTANDING ATTORNEY and one OUTSTANDING WITNESS per competition round. This would be a joint decision of the majority of the judging panel, including all scoring evaluators and the presiding judge. The appropriate certificates should be completed and signed by the judging panel and returned to the trial coordinator for distribution during the awards ceremony.
Scoring evaluators may individually consider penalties for violation(s) of the Rules of the Competition or the Code of Ethical Conduct. Penalties would reduce point awards in the appropriate performance categories below. Penalties will not be indicated separately on the ballot. Please see Rule 27 for the treatment of rule infractions.
POINT(S) PERFORMANCE CRITERIA FOR EVALUATING STUDENT PERFORMANCE
1 – 2 Not Effective Unsure of self, illogical, uninformed, not prepared, speaks incoherently, definitely ineffective in communication
3 – 4 Fair Minimally informed and prepared. Performance is passable, but lacks depth in terms of knowledge of task and materials. Communication lacks clarity and conviction.
5 – 6 Good Good, solid, but less than spectacular performance. Can perform outside the script but with less confidence than when using script. Logic and organization are adequate, but not outstanding. Grasps major aspects of the case, but does not convey mastery of it. Communications are clear and understandable, but could be stronger in fluency and persuasiveness.
7 – 8 Excellent Fluent, persuasive, clear and understandable. Organizes materials and thoughts well and exhibits mastery of the case and materials.
9 – 10 Outstanding Superior qualities listed for 7-8 points performance. Additionally, thinks well on feet, is logical, keeps poise under duress. Can sort essential from nonessential and use time effectively to accomplish major objectives. Demonstrates the unique ability to utilize all resources to emphasize vital points of the trial.
On a scale of 1-10 (with 10 being the highest), rate the performance of the town teams in the categories on the ballot. Each category is to be evaluated separately. DO NOT GIVE FRACTIONAL POINTS. After scoring speaker points for individuals, award 1-10 points to each team as the team award. Each scoring evaluator should consider “5” as the average team award, with reductions made for team penalties and additions for outstanding team performance. Please see Rule 27 for the treatment of rule infractions.
Teams MAY NOT receive the same team point award, and the final total must not be the same for each team. Ties are NOT ALLOWED in the Team Points or Final Total boxes. The team with the largest number of total points on the scoresheet wins the judge’s ballot. The team with the largest number of ballots per courtroom wins the courtroom. Scoring evaluators are reminded to total all scores and sign the ballot.
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Contact the Mock Trial Office for More Information
Michael Nixon, State Coordinator404-527-8779 or toll-free800-334-6865 (ext.779)
Sponsored by the Young Lawyers Division of the State Bar of Georgia, the Georgia Bar
Foundation, the Council of State Court Judges and the Georgia Civil Justice Foundation
