hostile witness


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Related to hostile witness: adverse witness

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.
References in periodicals archive ?
The prosecution requested the court to declare Mohammad Azam, father of the girl, as a hostile witness after he backtracked from his earlier statement recorded before the police under section 161 of the Criminal Procedure Code (CrPC).
But he said: "The whole episode meant I had been insulted, treated as a hostile witness and lost money - and I've been doing my civil duty trying to get these drug dealers out of the premises.
One mistake made even by experienced counsel is to assume that since the expert is on the opposing side, he or she should be treated as a hostile witness at deposition.
It was as if the commissioner was being called as a hostile witness who chose persistently to invoke the Fifth Amendment.
In addition, it protects the company should that employee later claim to remember key facts and become a hostile witness in a court case.
The victim's sworn petition for a protective order can be used to impeach her testimony if she becomes a hostile witness.
I told him, you can either be a friendly or hostile witness, it depends upon your choice kung anong gusto mo but he told me he's going to be a friendly witness Lahat ng tatanungin sa kanya sa Kongreso ay sasagutin po niya base sa katotohanan,' Dela Rosa said.
After several testy exchanges with the prosecutor, Asia Seaton was declared a hostile witness.
Sheridan told her: "You are a hostile witness who's determined to inflict damage and hurt with your lies.
Punishment to hostile witness should work as a deterrent in society.
If she is required to take the stand, the prosecution should be able to compel her to attend court as a hostile witness, thus removing her fear of having to make the decision to testify.
Throw in a hostile witness or two and legal analysts almost jump from their chairs with glee.