‘Hot-tubbing’ is a technique in which expert witnesses give evidence simultaneously in each other’s presence and in front of the Judge, who puts the same question to each expert witnesses. It is a co-operative endeavour to identify key issues of a dispute and where possible evolve a common resolution for all of them. However, where resolution of issues is not possible, a structured discussion, allows the experts to give their opinions without the constraints of the adversarial process and in a setting which enables them to respond directly to each other. The Judge is thereby not confined to the opinion of only one expert but has the benefit of multiple experts who are rigorously examined in public.
When parties to a commercial suit wish to rely on the hot tubbing method to record the deposition of expert witnesses, then the Court may adopt the following procedure:
a) Prior to a hearing taking place, the expert witnesses take parting a meeting, at a mutually convenient place, where they prepare a Joint Statement which shall be filed before Court.
b) The Joint Statement shall consist of the agreed statement of facts and disputed issues.
c) Thereafter, suggested questions to be put to the expert witnesses, shall be filed by the parties.
d) A hearing is then conducted on the disputed issues.
e) Counsels may put questions to the expert witnesses, as may be permitted by the Court.
f) At the end of the proceeding, the Court would draw up the issues on which the expert witnesses agree and the issues on which they disagree.
g) On the issues on which the expert witnesses disagree, the Court shall record their statement.