Hot tubbing is a term used when experts testify to provide evidence concurrently during the trial. The normal process is as follows:
- Each party’s expert is engaged to prepare their expert reports;
- The experts meet to prepare a joint report; and
- The “hot tubbing” takes place during the trial where the experts are examined concurrently on their evidence.
For example, in a defects case, the lawyers will run through one defect at a time, and both experts will be able to have their say on each defect at the same time, rather than separately days later.
The examination of the experts does become more of a discussion rather than a cross-examination. The Judge and lawyers put questions to the experts. Experts also question each other. The Judge usually controls the process.
One of the key benefits is that Hot Tubbing can be a quicker process and can be less confrontational than general cross-examination.