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: Legal Blog Watch

'Hot-Tubbing' Makes its Way Into Civil Trials

By Bruce Carton

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I'm from the United States, home of "The Bachelor" -- so I know enough about "hot-tubbing" to know that, at its best, it doesn't involve old men and women sitting around pontificating about whether some molecular compound is strong enough to support a 10-story building or whether a particular type of fertilizer should be used on Bermuda grass soccer fields located in shady areas. In Australia, however, hot-tubbing of that sort is all the rage now in civil trials. As discussed on the Slaw blog, hot-tubbing is the phrase used to describe "a new method of presenting expert evidence at trial. Opposing experts testify in each other?s presence, as members of a panel, and are questioned in each other?s presence in front of the trier of fact." This system is also making inroads in the United Kingdom and Canada. In the U.K., a pilot trial of hot-tubbing will soon begin in Manchester, England. In Canada, the Federal Court Rules were recently amended to enable hot-tubbing (aka "concurrent evidence"). As discussed in a paper recently presented by the WeirFoulds law firm, hot-tubbing involves asking all of the experts to generally comment on the issues in the case and discuss their differences...

Full post as published by Legal Blog Watch on March 23, 2011 (boomark / email).