Today’s New York Times reports what may the best legal term ever and a good substantive idea to boot — forcing opposing expert witnesses to testify together, which Australian lawyers call “hot tubbing”:
He might have preferred a new way of hearing expert testimony that Australian lawyers call hot tubbing.
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.”