Definition

Noun: - A witness whose testimony is likely to be biased against the party who called them to testify: An adverse witness is a witness who appears hostile or prejudiced toward the party that called them to the stand. Because of this presumed bias, the legal rules of examination are relaxed, allowing the calling attorney to ask leading questions.

Usage

• This term is used primarily in a legal context, specifically during trials and depositions.
• The procedural designation of a witness as "adverse" changes how they may be questioned.

Examples

• Noun:
  • The defense attorney requested the judge to declare the plaintiff's former business partner an adverse witness.
  • Once the witness was deemed an adverse witness, the prosecutor was permitted to ask pointed, leading questions.

Advanced Usage

• "To declare/call a witness adverse": The formal act of a party asking the court to treat their own witness as hostile.
  • The lawyer moved to declare the witness adverse after her evasive answers.

Variants and Related Words

• Hostile witness: This is a direct synonym often used interchangeably with "adverse witness" in common legal parlance.
• Unfavorable witness: A more general term for a witness whose testimony harms a party's case.

Synonyms

• Hostile witness
• Unfriendly witness

Important Notes

• The key legal consequence of declaring a witness "adverse" is that the attorney who called the witness can then cross-examine them, using leading questions to challenge their testimony and expose bias or inconsistency. This is an exception to the rule that a party cannot lead its own witness during direct examination.

Noun

1. a witness whose relationship to the opposing party is such that his or her testimony may be prejudiced against the opposing party
   • a hostile witness can be asked leading questions and cross-examined