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:
“If you meet a sectary, or a hostile partisan, never recognize the dividing lines; but meet on what common ground remains,—if only that the sun shines, and the rain rains for both; the area will widen very fast, and ere you know it the boundary mountains, on which the eye had fastened, have melted into air.”
—Ralph Waldo Emerson (1803–1882)
“Since body and soul are radically different from one another and belong to different worlds, the destruction of the body cannot mean the destruction of the soul, any more than a musical composition can be destroyed when the instrument is destroyed.”
—Oscar Cullman. Immortality of the Soul or Resurrection of the Dead? The Witness of the New Testament, ch. 1, Epworth Press (1958)