Law of evidence
Providing evidence in proceedings is crucial. Obtaining and securing evidence is an important task of a lawyer. At Blenheim, this area of law forms part of the procedural law team, specialists in litigation.
A procedural lawyer can significantly impact your chances of success in legal proceedings. Evidence forms the crux of most legal proceedings. In the summons, the plaintiff must explain exactly what the conflict is, what he or she seeks from the defendant and what evidence he or she has to prove this. The judge can hear witnesses in the proceedings itself, but this can also be done prior to the proceedings (see below). Evidence can also consist of sound recordings, images or documents, with which the plaintiff or the defendant tries to prove their case. Examples include proof of payment, invoices, contracts or certificates of guarantee. The court may ask for the original evidence to be provided.
Giving evidence in proceedings
Witnesses are often indispensable in proceedings. This can sometimes result in a positive outcome, but in some cases the outcome turns out to be different from what the parties (and judges) expected. It may be useful to hear witnesses prior to commencing proceedings before the court, in order to, for example, prevent the loss of evidence. This is done via an application to the court, which must be submitted by a lawyer.
Having an expert appointed by the court
Evidence can also be provided by an expert, especially if it concerns technical matters. In that case, it makes sense to call an expert in via the court. A lawyer can submit an application to the court. A good expert’s report can provide decisive evidence in court proceedings. Our lawyers advise on the collection of evidence and the rules of evidence that apply to this.