Re: Theos-World Hostile Witness as defined at Law.com
Jan 25, 2005 12:32 PM
by Bart Lidofsky
I don't see any major difference between that and what I said.
Bart
Daniel H. Caldwell wrote:
hostile witness
n. technically an "adverse witness" in a trial who is found by the
judge to be hostile (adverse) to the position of the party whose
attorney is questioning the witness, even though the attorney called
the witness to testify on behalf of his/her client. When the attorney
calling the witness finds that the answers are contrary to the legal
position of his/her client or the witness becomes openly
antagonistic, the attorney may request the judge to declare the
witness to be "hostile" or "adverse." If the judge declares the
witness to be hostile (i.e. adverse), the attorney may ask "leading"
questions which suggest answers or are challenging to the testimony
just as on cross examination of a witness who has testified for the
opposition.
See also: adverse witness leading witness
http://dictionary.law.com/
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