Evidence and Trial Preparation Workshop 2024

Whether working in a civil or criminal context, analysing evidence, gathering proof, developing and critically assessing case theories are the essential skills of every litigator and dispute resolution practitioner.

Building on Wigmore’s “The Principles (later The Science) of Judicial Proof”, and Twining’s “Taking Facts Seriously”, this workshop introduces the principles of proof which lie outside the exclusionary rules of evidence. This practical and interactive workshop covers the core skills of evidence, proof and factual analysis (EPF), approaches to investigations and the development of the factual component of case theory. The workshop is presenter-led and attendees will be encouraged to share their experiences and undertake practical exercises relating to analysis facts and resolving issues of proof. (Please note that while the law of evidence and civil and criminal procedure are touched upon, this workshop is not a presentation on the Evidence Act 2006, the High Court Rules, District Court Rules, Criminal Procedure Act 2011, or Criminal Disclosure Act 2008).

In this workshop you will:

• Learn more about flexible methodologies for the gathering and management of evidence.
• Gain practical insights into the preparation steps of a trial including:
  – the development of effective chronologies
  – the development of available factual theories
  – assessing a factual theory against the legal elements of a case
  – the preparation of witness briefs and statements
  – the management and completion of the common bundle
  – how to produce effective trial folders including electronic case bundles
  – the use of consolidated pleadings analysis
  – compliance with civil and criminal procedural requirements
  – structure and approach to written submissions and addresses to the jury covering how factual propositions in dispute have been proved.
• Learn strategies to obtain evidence and admissions.
• Develop a better understanding of logical and inferential reasoning and its use in the development of factual theories.
• Learn how to better identify the strengths and weaknesses of a case whether acting for the prosecution, defendant, plaintiff, applicant, or the respondent.
• Discuss several ethical issues arising during the trial preparation process.
• Develop a better understanding of the role of witnesses and how to make them more efficient and effective.
• Create a factual theory conclusion for presenter feedback.

Learning objectives

By attending this workshop you will:

• Gain practical insight into preparing for an agreed resolution or trial.
• Have a better understanding of evidence management and methods to develop a sound factual theory.
• Deliver a factual summary and assessment for discussion and critique.

Format

The presenter of this interactive workshop uses a range of techniques to discuss and encourage practise of skills, and those attending should be prepared to take part actively by participating in group exercises, sharing ideas and experiences. Please bring a laptop for use in group exercises.

Who should attend

Civil litigators at all levels. Dispute resolution and criminal practitioners wanting to hone their approach to file preparation, witness preparation, and factual theory will also benefit.

Presenter

• Chris Patterson, Barrister, Auckland

Materials

A workbook and folder of practical materials will be sent to participants before the workshop. A hypothetical case file based on a real case will also be provided and essential that participants review it before the workshop.

Timing

• 8.30am - 1.00pm
• Note: the workshop takes place on a Saturday.

Fee (incl GST)

Workshop

• $435 - Law Society members & associate members
• $565 - Non-members

Do you want to register more than one person for this course? Use the multiple registration button below or Click here 

Financial assistance

Financial assistance may be available through the Douglas Wilson Advocacy Scholarship Trust. Applications for assistance must be received by: 5pm on Friday 2 February 2024.
Late applications cannot be considered.

Please note: You must still register to attend this course, either online or by completing a registration form.

Download a Douglas Wilson Advocacy Scholarship Trust application form

Download PDF brochure and registration form

Cancellation and refund policy

You may cancel your registration eight working days in advance of an event, and you will receive a refund less a 25% administration fee. If you cancel less than eight working days in advance of the event, no refund is payable. If you are unable to attend, you may transfer your registration to another person. If you wish to do so you must advise CLE in writing of the change. NZLS CLE Ltd reserves the right to close registrations and cancel or reschedule an event as necessary. Where an event is cancelled by CLE, a full refund is payable.