Briefs of Evidence

New content on briefs of evidence (BOE) has been added to the By Lawyers District Court – Civil claims guide.

A brief of evidence (BOE) is a written statement that is read in the court by a witness during a trial.

Usually, a BOE is given under oath or affirmation that it is true and correct to the best of the witness's knowledge and belief. 

Briefs of evidence are not usually used in short or simple trials because evidence is given in affidavits. BOEs are used in full trials unless the court directs otherwise. 

The quality of a BOE can significantly influence the outcome of a case.

The new section on BOEs in the Full Commentary in the District Court – Civil Claims publications includes helpful discussion of:

• the advantages of preparing a BOE at an early stage of proceedings;
• considerations when preparing a BOE;
• best practice drafting, including for expert witnesses;
• Compliance with the District Court Rules, the Evidence Act 2006, the expert witness Code of Conduct and the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, BOE procedure at the hearing.

Two new example content precedents have been added:

-           Example content – Brief of evidence

-           Example content – Brief of evidence - Expert witness

The Expert Witness Code of Conduct is also available on the matter plans, either as a PDF or as a hyperlink, in both Acting for the plaintiff and Acting for the defendant.