Hot Tubbing

“Hot tubbing” or concurrent evidence. It is the practice where several expert witnesses are put on the stand together to save both time and resources. Hot tubbing is different to the "adversarial system" courts utilities in that judges question the expert instead of the counsel. But is it really worth it? 

 

The pros!

• The judge, juries and the court have the opportunity to listen to the experts discussing the issue and his/her point of view in the discussion. This can reduce the likelihood of misunderstanding the expert.
•  All experts will be giving evidence on the same assumptions
•  Allows experts to challenge each other 
•  Experts will be more careful knowing their colleagues will point out errors and exaggerations instantly. Whereas this could take days to be pointed out in cross examination.
•   Less time spent on cross examination
•   Reduce court time and costs
•  Experts may be reluctant to be cross examined by a hostile barrister but more open to a discussion with an expert

The Cons!

• There is potential for an more persuasive, confident or assertive expert witness to overshadow or overwhelm other experts and win the minds of the judge/jury
•  Due to time constraint, the discussion may remain at a superficial level
• Process could become too adversarial
• May encourage counsel to “audition” the best experts
• The process of hot tubs can vary between judge or tribunal 

Although hot tubbing has its advantages, I do not think it outweighs the negatives. The best speaker could easily manipulate the judge or jury as people have the power to influence others. I can recall numerous times when people have influenced my previous stance on major debates leaving me to second guess myself. Whilst at school, I participated in the Queensland Debating Union competition. Strong confident opponents had me questioning my position of controversial topics. I have often changed my views to fit in with people in case I comes across as "stupid". More reserved but experienced experts could be marginalized by less experienced but outspoken ones.    

References
http://www.fedcourt.gov.au/publications/judges-speeches/justice-rares/rares-j-20131012 
http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/why-judges-like-hot-tubbing/article577733/
http://www.pannone.com/media-centre/articles/medical-negligence-articles/hot-tubbing-for-expert-witnesses