Hot-Tubbing
Definition
Concurrent evidence procedure in which opposing experts give evidence together, often debating their technical disagreements in front of the tribunal. Used to narrow genuine technical disputes efficiently.
- Procedure
- Opposing experts give evidence together before the tribunal
- Alternative name
- Concurrent evidence
- Purpose
- Narrows genuine technical disputes efficiently
- Setting
- Used in expert witness proceedings
Common questions
How does hot-tubbing change the role of counsel during expert testimony?+
Instead of each side examining and cross-examining its own and the opposing expert in sequence, the judge or arbitrator typically leads the joint session, often working through an agreed list of issues, with counsel asking follow-up questions after the experts have engaged with each other directly.
What kind of case benefits most from hot-tubbing?+
It works best where the dispute turns on a bounded set of technical questions the experts can meaningfully debate, such as a specific calculation or mechanism, rather than cases where the experts disagree on almost everything including the underlying facts.
Does hot-tubbing replace expert reports?+
No, experts still file written reports beforehand, and hot-tubbing is often preceded by an experts' joint meeting to produce a joint statement narrowing the issues, with the concurrent session then addressing what remains contested.
Related terms
- Conflict of Interest
- A situation in which a person's private interests, financial, personal, or professional, could improperly affect their exercise of a duty to an...
- Duty to the Court
- The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased...
- Expert Witness
- A person whose specialised knowledge is accepted by a court and who gives opinion evidence, not just factual evidence. Forensic auditors frequently...
- 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...
- Testifying Expert
- An expert whose opinion will be disclosed to the opposing party and presented in proceedings, as opposed to a consulting expert whose...