Is it Time for “Hot Tubbing” Expert Witnesses in U.S. Courts?

May 9, 2013

A courtroom procedure that has found currency in Australia may be salutary in some U.S. courts. “Hot-tubbing” refers to the practice of having opposing expert witnesses testifying at the same time, so that the process instead of being an adversarial proceeding between a single witness and an attorney is more of a discussion or debate, although questioning by lawyers, the judge or other experts may be allowed. Whether a disinterested expert witness is a contradiction in terms and whether concurrent expert testimony is compatible with U.S. rules of civil procedure remain open questions.

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