Evidence Analysis and Trial Preparation 2025

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 that lie outside the exclusionary rules of evidence.

This practical and interactive workshop covers the core skills of evidence, proof and factual analysis (EPF), investigation approaches, and the development of the factual component of case theory. The materials outline a hypothetical case file (R v Watt) and instructions to counsel which will be reviewed during the workshop, forming group discussions and exercises leading to the factual theory conclusion.

In this workshop you will:

• Learn more about flexible methodologies for the gathering and management of evidence
• Gain practical insights into the preparation steps for 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.

(Please note that while the law of evidence and civil and criminal procedure are touched on, this workshop is not a presentation on the Evidence Act 2006, the High Court Rules, District Court Rules, Criminal Procedure Act 2011, or the Criminal Disclosure Act 2008).

Learning objectives

By attending this workshop you will:

• Gain practical insight in preparing for an agreed resolution or trial.
• Have a better understanding of evidence management and methods to develop a sound factual theory.
• Be better able to complete a factual theory for a case.

Format

This interactive workshop uses a range of techniques to discuss and encourage the practice of skills, including participation in group exercises, and sharing ideas and experiences. Please bring a laptop for use in group exercises.

Who should attend

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

Numbers are limited so register early.

Materials

Materials will be couriered to you about two weeks before the workshop.

Pre course work

You must familiarise yourself with the case scenario provided for the R v Watt evidence to gain maximum benefit when engaging in group activities.

Timing

• 9.00am – 4.30pm

Fee (incl GST)

Law Society Members benefit from up to 30% off 

Workshop

Fee includes all materials and catering.

• $645 - Law Society members & associate members
• $920 - Non-members

Do you want to register more than one person for this course? Use the 'register others' 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 Monday 17 February 2025.
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 registration form

Wellington	25 March 2025
Auckland	26 March 2025

Presenter

Chris Patterson Barrister, Auckland Chris has been specialising in dispute resolution and litigation since 2003. He joined the independent bars of New Zealand and New South Wales in 2001. Chris was admitted as a barrister of the High Court of Australia in 2004, the Supreme Courts of Queensland in 2009 and Tonga in 2021. He has been sole or lead counsel for over 200 witness hearings, including several jury trials and more than 900 independently facilitated settlements.

Comments from past attendees

• “Chris was clear, passionate, engaging, with lots of application to “real life” situations.”
• “Very engaging and informative, really liked how he facilitated the workshop.”
• “Great presenter, enjoyed how he supported what he was teaching with his experiences.”

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.