A hostile witness, also known as an adverse witness, is a witness whose testimony is not favorable to the party who called them to testify.
This may occur because the witness is openly antagonistic, provides testimony that contradicts the calling party's legal position, or demonstrates prejudice against the calling party’s case.
The designation of a witness as hostile allows the examining attorney greater latitude in questioning, including the use of leading questions that suggest the answer.
Normally, leading questions are not permitted during direct examination, but they can be used with a hostile witness to challenge or discredit the testimony.
The determination of a witness as hostile is at the discretion of the judge, based on the witness's demeanor, responses, or relationship to the parties involved.
Trial Procedure: Involves strategic considerations in presenting and questioning witnesses whose testimony may not align with a party's case.
Evidence Law: Concerns the rules and techniques for examining witnesses, including the treatment of hostile witnesses.
Many believe that a hostile witness is necessarily hostile in demeanor or attitude.
While this can be the case, the legal definition primarily concerns the witness's position relative to the interests of the party calling them. A witness can be deemed hostile purely based on their testimony not supporting the calling party’s case, regardless of their emotional or interpersonal demeanor.
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