hostile witness
Học thuậtThân thiện
Definition
Noun: A witness called to testify by one party in a legal proceeding whose testimony is, or is expected to be, unfavorable to that party's case. Because of this perceived bias or antagonism, the party who called the witness is permitted to ask leading questions and to cross-examine them as if they were a witness for the opposing side.
Usage
A "hostile witness" is a specific legal term. The designation is formally made by the judge during a trial or deposition. Once a witness is declared hostile, the procedural rules for questioning them change to allow for a more aggressive examination by the party who called them.
Examples
- In a trial:
- The defense attorney requested the judge to declare the witness a hostile witness after he gave testimony contradicting his earlier statement.
- The prosecutor was allowed to ask leading questions after the witness was deemed a hostile witness.
Advanced Usage
- "To declare a witness hostile": The formal act by a judge, upon a party's request, of designating a witness as hostile. This changes the rules of examination.
- The judge agreed to declare the witness hostile based on her evident antagonism on the stand.
Variants and Related Words
- Adverse witness: A synonym often used interchangeably with "hostile witness."
- Unfavorable witness: A more general term for a witness whose testimony harms a party's case, but it does not carry the same specific procedural implications as "hostile witness."
Synonyms
- Adverse witness
- Unfriendly witness
Antonyms
- Friendly witness: A witness whose testimony is favorable to the party who called them.
- Cooperative witness
Related Legal Concepts
- Leading question: A question that suggests the answer or contains the information the questioner wishes to be confirmed. Typically not allowed on direct examination but permitted when cross-examining a hostile witness.
- Cross-examination: The questioning of a witness by the opposing party. A party is typically allowed to cross-examine a hostile witness they themselves called.
- Impeachment: The process of challenging the credibility or testimony of a witness. Declaring a witness hostile is often a precursor to impeachment by the party who called them.
Noun
- 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