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 questions. A hostile witness is sometimes known as an adverse witness or an unfavorable witness.
Famous quotes containing the words hostile and/or witness:
“We fear our neighbor’s hostile mood because we are afraid that this mood will lead him to penetrate our secrets.”
—Friedrich Nietzsche (1844–1900)
“Against my will, I became a witness to the most terrible defeat of reason and to the most savage triumph of brutality ever chronicled ... never before did a generation suffer such a moral setback after it had attained such intellectual heights.”
—Stefan Zweig (18811942)