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Three Experts in a Tub

By Kent Scheidegger et al.

Adam Liptak at the NYT compares expert testimony in the U.S. with other countries. Particularly interesting is the Australian "hot tub" system. In that procedure, also called concurrent evidence, experts are still chosen by the parties, but they testify together at trial ? discussing the case, asking each other questions, responding to inquiries from the judge and the lawyers, finding common ground and sharpening the open issues.... Australian judges have embraced hot tubbing. ?You can feel the release of the tension which normally infects the evidence-gathering process,? Justice Peter McClellan of the Land and Environmental Court of New South Wales said in a speech on the practice. ?Not confined to answering the question of the advocates,? he added, experts ?are able to more effectively respond to the views of the other expert or experts...continue to full post

Full post as published by Crime and Consequences on August 12, 2008 (boomark / email).