An adverse witness, also known as a hostile witness, is a witness called by one party in a legal proceeding who appears unwilling or hostile to testify truthfully or in a manner favourable to the calling party’s case. Typically, adverse witnesses are called by the opposing party, but they may also be called by the party who called them initially if their testimony becomes unfavorable during questioning. Adverse witnesses may exhibit hostility, evasiveness, or reluctance in providing testimony, often contradicting their prior statements or the interests of the party who called them. In response, the party who called the adverse witness may be permitted to ask leading questions or impeach the witness’s credibility through cross-examination. Adverse witnesses play a significant role in adversarial legal proceedings, as their testimony may impact the outcome of the case and provide insights into contested issues.
Adverse Witness: A witness called by the opposing party in a legal proceeding, such as a trial, who is expected to provide testimony that is unfavourable to the party that called them. This witness may be hostile or unwilling to cooperate with the questioning party, and their testimony may be used to challenge or contradict the evidence presented by the calling party.
n. a witness in a trial who is found by the judge to be 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 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 “adverse” or “hostile.” If the judge declares the witness to be adverse (i.e. hostile) then 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.
An adverse witness refers to a witness called by one party in a legal proceeding who is expected to provide testimony that is unfavorable or contradictory to the interests of the party that called them. This witness is typically hostile or unfriendly towards the party that called them and may be uncooperative or evasive during questioning. The purpose of calling an adverse witness is to challenge their credibility or to elicit information that may be beneficial to the opposing party’s case. The opposing party has the opportunity to cross-examine the adverse witness in order to challenge their testimony and present evidence that contradicts their statements. The judge or jury will ultimately determine the weight and credibility of the adverse witness’s testimony in reaching a decision in the case.
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This glossary post was last updated: 29th March, 2024.
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