by: james egbert, karyn campbell, and nichole martz the do’s and don’t with court proceedings...

By: James Egbert,Karyn Campbell, and

Nichole Martz

The Do’s and Don’t with Court Proceedings with Foodborne Outbreaks

ObjectivesPreparing for CourtDo’s and Don’ts in CourtReview the Fact PatternTestimony (Role Play)

Civil MatterState Matter

Preparing for Court What do you have to prove to win?

What is the law?What evidence do I need?

Physical evidenceExpert reportsWitnesses Hearsay???

What is the law?The law changes from state to state.

Federal lawState lawAdministrative codes (county and local

municipality)

Is this the correct law for this case?Do you know the current law?The law will tell you what facts are needed

to prove the case. (Evidence)

What evidence do I need?

Types of EvidenceDirect evidence

Evidence that directly proves a fact Standing outside while it is snowing

Circumstantial evidence Proves a fact from which an inference

of the existence of another fact may be drawnWaking up and seeing snow on

the ground

Forms of Evidence Types of EvidencePhysical evidence

Material object that plays some actual role in the matter that gave rise to the litigation

Witness testimony Generally, may only testify as to facts

personally observed by that witnessGenerally, can not give opinions

Forms of Evidence Types of EvidenceExpert testimony

Have knowledge outside the scope of the average juror

Can give opinions

HearsayAn out of court statement offered for the

truth of the matter asserted

Forms of Evidence (for a Regulator)SamplesAnalytical ResultsInspection ReportsRecords Collected During an InspectionPhotographsOther Documents and Writings

AffidavitsCollection ReportsInvestigative MemorandaRegulatory Notes

Do’s and Don’ts of Preparing for CourtDo’s

Be organized!Make sure you have all of your evidence

Have enough copies for the court and other attorneys

Make sure your witnesses are preparedSubpoena? Do they know where to go?Confirm their appearance

Call the court the day before to confirm the hearing

Do’s and Don’ts of Preparing for CourtDon’ts

Don’t wait until the last minute

Don’t make anything upCircumstantial

Evidence

vs. Fabrication

Do’s and Don’ts of the Court Room Do dress professionally

First impressions countNice church or office attire You are more likely to be treated with respect

if you dress appropriately

Don’t dress professionally if your profession is the local drunkard or a rock musician Torn t-shirts? Sweat pants? Bandanna? Really!?If you look like a gang member or criminally

insane you will most likely be treated like one.

Say Yes to the Dress!

A. B.

A. B.

A. B.

B.A.

A. B.

B.A.

Do’s and Don’ts of the Court Room Do be on time

Be early – It shows you care about your case and that you take the courts time seriously

Don’t be late It shows you are unreliable You could lose by default

Do’s and Don’ts of the Court Room Do be respectful

Speak up, say “sir,” “ma’am,” and “your honor”Don’t talk back Wait your turn

Don’t be disrespectfulIn court, being disrespectful, flippant, rude, or

nonchalant just makes the judge like you lessAnother word for disrespect is contempt

Do’s and Don’ts of the Court Room Do listen and follow instructions

When in doubt, ask the clerk!Be courteous to the judge’s staff. If your

rude, the clerk will be less likely to help you.

Don’t make up your own rulesActing outside of the rules, just irritates the

judge. Guess what happens when a judge thinks

you have wasted his or her time?

Do’s and Don’ts of the Court Room Do’s of Giving Testimony

Tell the truth and be straightforward even if it means you will lose

Keep your emotions under control Listen to the entire question before answering If you do not understand the questions, say so.Answer “yes” if asked if you and your lawyer

went over your testimony to prepare for trial Be pleasant to opposing council, even if you hate

his or her gutsHave a positive attitude Try to act naturally

Do’s and Don’ts of the Court Room Don’ts of Giving Testimony

Don’t tell lies – even small onesDon’t chew gum Don’t make facesDon’t try to memorize your answers Don’t worry if your forgot something Don’t interrupt the person asking questions Don’t try to be cute or tell jokes Don’t act hostile

Fact Pattern: Parties Facility: Convenience store/

Restaurant/Gas Station Name: Jed’s One Stop Owner: J. D. ClampettManager: Jethro Bodine Health Inspector: Jane Hathaway Injured Parties: Lester Flats, Earl Scruggs,

Milburn Drysdale

Fact Pattern: Inspection Jed’s One Stop

November 15, 2013 – Inspected by Hathaway December 15, 2013 – Re-inspected by

Hathaway February 12, 2014 – Spot check inspection by

Hathaway

Fact Pattern: Product Chicken

Secret Recipe Time-temperature abuse of foodImproper holding of foodFood was observed uncovered, risking

contaminationHand washing sink in preparation area did

not have hand soap

Before Court Preparation What’s the law?Who has to testify? What evidence do I need?

Witness Examination For the prosecution

Jane Hathaway Jed Clampett Dr. Oz – medical expert

For the defense Jed ClampettJethro Bodine Granny

Jane Hathaway What prep is involved?If you represented Jane, what questions

would you ask her? If you represented Jed, how would your

cross examine her?

Dr. OzHow would your prepare Dr. Oz?

JedIf you were the prosecutor what would you

do to cross examine him?

Jethro Bodine Is there any value in having Jethro

testifying?

Thank you for you time!