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:
“... beauty, like ecstasy, has always been hostile to the commonplace. And the commonplace, under its popular label of the normal, has been the supreme authority for Homo sapiens since the days when he was probably arboreal.”
—Ellen Glasgow (1873–1945)
“The first promise exchanged by two beings of flesh was at the foot of a rock that was crumbling into dust; they took as witness for their constancy a sky that is not the same for a single instant; everything changed in them and around them, and they believed their hearts free of vicissitudes. O children! always children!”
—Denis Diderot (1713–1784)