hostile witness

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Hostile Witness

A witness at a trial who is so adverse to the party that called him or her that he or she can be cross-examined as though called to testify by the opposing party.

The Federal Rules of Evidence provide that witnesses who are hostile, or adverse, can be interrogated through the use of leading questions.

hostile witness

noun adverse testifier, adverse witness, antithetical witness, challenger, contrary witness, disagreeing witness, dissenting witness, dissentious witness, dissident, harmful witness, opposing witness, turncoat, witness in opposition
Associated concepts: cross examination, leading questions

hostile witness

a witness expected to give testimony favourable to the examiner but who in fact begins to give testimony not only unhelpful to the case but directed against it. In general, a person called as a witness may not be cross-examined by the party calling him. However, where a witness in the examination in chief demonstrates hostility to the party who called him, that witness may, with the leave of the judge, be cross-examined by the party calling him. A witness is not to be regarded as hostile by reason only of the fact that he gives evidence unfavourable to the party calling him. This phrase has no technical meaning in Scotland, the advocate or solicitor being free to challenge a witness he himself has called, without the leave of the court.

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References in periodicals archive ?

Don't cross-examine them as you would instinctively do to an adverse witness.

Warts and all: take a look at yourself

Adding to defense problems, when Greenstein was on the stand as an adverse witness, he suddenly acknowledged that "he was so moved by the testimony of secretaries Elyce Zahn and Twila Carlsen that he concluded he must have mistreated the two, although he could not recall any specific incident.

The Price of Harassment: Rena Weeks v. Baker and McKenzie

About a week into the trial, I called as an adverse witness a technician from the incubator manufacturer.