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:
“A bargain is in its very essence a hostile transaction ... do not all men try to abate the price of all they buy? I contend that a bargain even between brethren is a declaration of war.”
—George Gordon Noel Byron (1788–1824)
“That the Jews assumed a right exclusively to the benefits of God will be a lasting witness against them & the same will it be against Christians.”
—William Blake (1757–1827)