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Concurrent Evidence

Definition

Also called 'hot-tubbing': a procedure, common in Australian courts and used experimentally in England, where opposing experts give evidence simultaneously, respond to each other, and are questioned together by the judge. Designed to identify the real areas of disagreement more efficiently than sequential testimony.

Also known as
Hot-tubbing
Origin
Common in Australian courts
Format
Opposing experts testify together and question each other
Purpose
Isolates genuine points of disagreement efficiently

Common questions

How does hot-tubbing change the role of the judge during expert testimony?+

The judge takes a more active part, framing the topics for discussion and directing the joint questioning, rather than passively hearing each expert examined and cross-examined in isolation by opposing counsel.

What is the main criticism of concurrent evidence procedures?+

Critics argue a more forceful or articulate expert can dominate the joint discussion regardless of the underlying merit of their opinion, and that the format suits confident communicators over experts who are simply more rigorous but less assertive.

Why has England used concurrent evidence only experimentally rather than routinely?+

English civil procedure has traditionally favoured sequential examination and cross-examination as the default, so concurrent evidence has been trialled in specific case types, such as complex technical disputes, rather than adopted as a standard practice across all litigation.

Related terms

Cross-Examination
Questioning of a witness by the opposing party. For an expert, cross-examination probes qualifications, methodology, the basis of opinions, limitations, inconsistencies with...
Examination-in-Chief
The questioning of a witness by the party who called them. For an expert, this is typically limited because the substance is...
Expert Witness
A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
Instructions
The written brief given to the expert that defines the questions they are asked to address, the materials they are given, and...
Likelihood Ratio (LR)
The ratio of two conditional probabilities: the probability of the observed evidence given the prosecution's hypothesis (same source), divided by the probability...
Overriding Duty
The expert's primary obligation to give the court an honest, objective, and complete account of the evidence, regardless of the interests of...
Overriding Duty to the Court
The principle in English and Welsh law, codified in the Criminal Procedure Rules and the Civil Procedure Rules, that an expert witness...
Single Joint Expert (SJE)
An expert appointed by a court or agreed by both parties to provide a single neutral opinion rather than one expert per...
Statement of Limitations
A section of the report that identifies factors constraining the reliability or completeness of the opinion, including sample quality, missing data, unvalidated...
Ultimate Issue
The central question the court must decide: guilty or not guilty, liable or not liable. Traditionally experts were prohibited from expressing opinions...

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