what is a hostile witness

1 year ago 40
Nature

A hostile witness, also known as an adverse witness, is a witness at trial whose testimony on direct examination is openly antagonistic or appears to be contrary to the legal position of the party who called the witness. When a witness is declared hostile, the examining attorney may ask leading questions, which either suggest the answer or challenge the witnesss testimony, to influence the witnesss responses. This concept is used in legal proceedings in the United States and has analogues in other legal systems in Western countries. The judge decides whether a witness is hostile or unfavorable, and the person who called the witness can apply to the judge to have them declared hostile. Once declared hostile, the witnesss credibility can be called into question, and they can be cross-examined and asked leading questions by the person who called them.