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The High Court is yet to make a decision on whether David Bain's retrial should go ahead next month but Bain's legal team will now be in the Supreme Court on Monday.
They will be seeking to challenge issues around evidence that can be produced.
The Supreme Court hearing, to decide if the evidence matters, will be considered just a week out from the scheduled start of the mammoth murder retrial in Christchurch.
Bain's lawyers have spent the last week in the High Court in Christchurch seeking a stay - effectively arguing that their client should not have to face a retrial for the killing of his parents and three siblings in Dunedin in 1994.
Everything discussed during the hearing this week has been suppressed.
Bain served 13 years in jail, but was released on bail in 2007 after the Privy Council in London found there had been a miscarriage of justice and a retrial should be held.
A decision is due next week on the application for a stay.
Depending on this decision, and decisions in the Supreme Court, the retrial scheduled to begin on March 2 in Christchurch could be cancelled, delayed or go ahead as planned.
