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:
“...that absolutely everything beloved and cherished of the bourgeoisie, the conservative, the cowardly, and the impotent—the State, family life, secular art and science—was consciously or unconsciously hostile to the religious idea, to the Church, whose innate tendency and permanent aim was the dissolution of all existing worldly orders, and the reconstitution of society after the model of the ideal, the communistic City of God.”
—Thomas Mann (1875–1955)
“He could pause in his cross-examination, look at a man, projecting his face forward by degrees as he did so, in a manner which would crush any false witness who was not armed with triple courage at his breast,—and, alas! not unfrequently a witness who was not false.”
—Anthony Trollope (1815–1882)