A witness whose trial testimony, on direct examination, is "adverse" or "hostile" to the party who called the witness. If the court declares the witness to be hostile, this allows the lawyer to then ask leading questions, as if on cross-examination.
A hostile witness is a witness whose trial testimony on direct examination is adverse or hostile to the party who called the witness. When a court declares a witness to be hostile, it allows the lawyer to ask leading questions, similar to those used during cross-examination. This helps the examining attorney elicit more favorable or clarifying information from the witness. The following examples and case studies illustrate the concept and implications of hostile witnesses in various legal contexts:
These cases further demonstrate the application and implications of handling hostile witnesses in legal proceedings:
For more detailed information, see our related Evidence terms: