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:
“We feign pity when we want to demonstrate our ascendancy over feelings of hostility: but usually in vain. Whenever we notice this, there is an accompanying surge in those hostile sensations.”
—Friedrich Nietzsche (1844–1900)
“Prostitution is the most hideous of the afflictions produced by the unequal distribution of the world’s goods; this infamy stigmatizes the human species and bears witness against the social organization far more than does crime.”
—Flora Tristan (1803–1844)