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Hot Tubbing and Expert Conferences—Using Concurrent Expert Evidence to Streamline Construction Arbitration Kate Krause, Esq. In the end, concurrent evidence is generally likely to produce more ounces of merit which will be worth more to a judge than pounds of charisma or demeanor. Hot tubbing is the colloquial term for a procedure in which expert testimony is given concurrently, rather than sequentially. Instead of the claimant’s expert giving testimony and being cross-examined during the claimant’s case-in-chief, and the respondent’s expert giving testimony and being cross- examined during the respondent’s case-in-chief, which may be days or even weeks apart, the experts in a particular discipline or on a particular issue are sworn in together, are questioned at the same time, and may even have a dis- cussion among themselves or be permitted to address questions to the other experts. The term “hot tubbing” was apparently coined due to the need for the experts to share close quarters while providing concurrent evidence. Hot tubbing is often preceded by an expert witness conference, held weeks or months before the evidentiary hearing, during which the experts endeavor to agree on which facts are undisputed and detail the facts that are disputed. After the
Dispute Resolution Journal – Kluwer Law International
Published: Apr 1, 2020
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