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August 12, 2008

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Having testified as an a expert witness, I would agree that it's problem. The judges and hearing officers before whom I testified didn't understand the technical aspects, so they were not in a good position to decide between competing expert witnesses. I have not testified in a jury trial, but I would imagine that the lack of understanding would be even greater with a jury.

If hot-tubbing helps, I'd be all for it.

"Hot tubbing" is an interesting usage for sure. Another bit of legal lingo has a longer history. The practice of prepping a witness for his testimony is known in New York as horseshedding, because in the nineteenth century lawyers would speak to their prospective witnesses in the horse sheds across from the courthouse.

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