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

1. The Do’s and Don’t with Court Proceedings with Foodborne Outbreaks By: James Egbert, Karyn Campbell, and Nichole Martz

2. Objectives • Preparing for Court • Do’s and Don’ts in Court • Review the Fact Pattern • Testimony (Role Play) • Civil Matter • State Matter

3. Preparing for Court What do you have to prove to win? • What is the law? • What evidence do I need? • Physical evidence • Expert reports • Witnesses • Hearsay???

4. What is the law? The law changes from state to state. • Federal law • State law • Administrative 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)

5. What evidence do I need? Types of Evidence • Direct 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 drawn • Waking up and seeing snow on the ground

6. Forms of Evidence Types of Evidence • Physical 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 witness • Generally, can not give opinions

7. Forms of Evidence Types of Evidence • Expert testimony • Have knowledge outside the scope of the average juror • Can give opinions • Hearsay • An out of court statement offered for the truth of the matter asserted

8. Forms of Evidence (for a Regulator) • Samples • Analytical Results • Inspection Reports • Records Collected During an Inspection • Photographs • Other Documents and Writings • Affidavits • Collection Reports • Investigative Memoranda • Regulatory Notes

9. Do’s and Don’ts of Preparing for Court Do’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 prepared • Subpoena? • Do they know where to go? • Confirm their appearance • Call the court the day before to confirm the hearing

10. Do’s and Don’ts of Preparing for Court Don’ts • Don’t wait until the last minute • Don’t make anything up • Circumstantial Evidence vs. Fabrication

11. Do’s and Don’ts of the Court Room • Dodress professionally • First impressions count • Nice 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.

12. Say Yes to the Dress!

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19. 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

20. 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 disrespectful • In court, being disrespectful, flippant, rude, or nonchalant just makes the judge like you less • Another word for disrespect is contempt

21. 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 rules • Acting outside of the rules, just irritates the judge. • Guess what happens when a judge thinks you have wasted his or her time?

22. 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 guts • Have a positive attitude • Try to act naturally

23. Do’s and Don’ts of the Court Room Don’ts of Giving Testimony • Don’t tell lies – even small ones • Don’t chew gum • Don’t make faces • Don’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

24. Fact Pattern: Parties • Facility: Convenience store/ Restaurant/Gas Station • Name: Jed’s One Stop • Owner: J. D. Clampett • Manager: Jethro Bodine • Health Inspector: Jane Hathaway • Injured Parties: Lester Flats, Earl Scruggs, Milburn Drysdale

25. 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

26. Fact Pattern: Product • Chicken • Secret Recipe • Time-temperature abuse of food • Improper holding of food • Food was observed uncovered, risking contamination • Hand washing sink in preparation area did not have hand soap

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

28. Witness Examination For the prosecution • Jane Hathaway • Jed Clampett • Dr. Oz – medical expert For the defense • Jed Clampett • Jethro Bodine • Granny

29. 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?

30. Dr. Oz • How would your prepare Dr. Oz?

31. Jed • If you were the prosecutor what would you do to cross examine him?

32. JethroBodine • Is there any value in having Jethro testifying?

33. Thank you for you time!