Hostile witness
Encyclopedia
A hostile witness is a witness
in a trial
who testifies
for the opposing party or a witness who offers adverse testimony to the calling party during direct examination
.
A witness called by the opposing party is presumed hostile. A witness called by the direct examiner can be declared hostile by a judge
, at the request of the examiner, when the witness' testimony is openly antagonistic or clearly prejudiced to the opposing party.
A party examining a hostile witness may question the witness as if in cross-examination
, thus permitting the use of leading question
s. A hostile witness is sometimes known as an adverse witness or an unfavorable witness.
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
in a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
who testifies
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
for the opposing party or a witness who offers adverse testimony to the calling party during direct examination
Direct examination
The Direct Examination or Examination-in-Chief is one stage in the process of adducing evidence from witnesses in a court of law. Direct examination is the questioning of a witness by the party who called him or her, in a trial...
.
A witness called by the opposing party is presumed hostile. A witness called by the direct examiner can be declared hostile by a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, at the request of the examiner, when the witness' testimony is openly antagonistic or clearly prejudiced to the opposing party.
A party examining a hostile witness may question the witness as if in cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
, thus permitting the use of leading question
Leading question
In common law systems that rely on testimony by witnesses, a leading question or suggestive interrogation is a question that suggests the answer or contains the information the examiner is looking for. For example, this question is leading:...
s. A hostile witness is sometimes known as an adverse witness or an unfavorable witness.
Evidence law
- Federal Rules of Evidence - Rule 611: Mode and Order of Interrogation and Presentation