We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Evidence

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is a Hostile Witness?

Tricia Christensen
By
Updated: May 16, 2024
Views: 27,251
Share

A hostile witness, also called an unfavorable witness or adverse witness, is a person who testifies during a legal trial and whose testimony during direct examination harms the case of the side that called him or her to testify. If the judge declares the witness to be hostile, the calling attorney is permitted to question the witness as if in cross-examination, which includes the use of leading questions. The hostile witness might be testifying against his or her inclination and thus is antagonistic to the questioning attorney. All witnesses called by the opposing party are assumed to be hostile witnesses from a legal perspective.

Greater Leeway for Attorneys

When the questioning attorney find that the witness' testimony is harmful to his or her client's case, even though the witness was called to testify on the client's behalf, the attorney can ask the judge to declare the witness a hostile witness. If the judge agrees, the attorney then has greater freedom in questioning the hostile witness in an attempt to get testimony that is more favorable to the client's side of the case.

The hostile witness can be more closely examined by the attorney to whom the witness is adverse. The attorney can question the truth of the witness’ statements or the motives of the witness and can make direct statements to the witness about the facts of the case. The hostile witness can then agree or deny such statements.

An example of a hostile witness might be a person who is called to testify against a friend. The witness might have specific knowledge of the facts of the case but could be unwilling to testify about those facts because his or her testimony might harm the friend's case. By having the judge declare the witness to be hostile, the calling attorney is allowed to ask leading questions in an attempt to get the witness to reveal the truth. The leading question might be a statement by the attorney about what he or she believes to be true, followed by a question asking the witness whether it is true. The witness must then verify or deny the truth of the attorney's statement or face legal repercussions for refusing to answer, and he or she could be charged with perjury if he or she gives false information on the witness stand.

Rare in Real Life

The concept of hostile witnesses is one that is greatly romanticized by many crime or legal television shows and movies. In real court cases, however, hostile witnesses are much rarer. Generally, attorneys have a fairly good idea of which witnesses are most likely to support their case. Surprise testimony by a witness who initially seemed supportive to a particular side does occur occasionally, but certainly not with the frequency as is seen in fiction. A hostile witness, however, certainly can add drama to a TV show or movie.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Tricia Christensen
By Tricia Christensen
With a Literature degree from Sonoma State University and years of experience as a MyLawQuestions contributor, Tricia Christensen is based in Northern California and brings a wealth of knowledge and passion to her writing. Her wide-ranging interests include reading, writing, medicine, art, film, history, politics, ethics, and religion, all of which she incorporates into her informative articles. Tricia is currently working on her first novel.
Discussion Comments
By Logicfest — On Mar 13, 2014

It is usually a bad idea to assume lawyers on television get anything right from a legal perspective. Their are exceptions, but most legal dramas take a heck of a lot of liberties with the judicial system, just as medical shows and cops shows do with the fields in which they are set. It all makes for some compelling television, of course, but it's all just entertainment.

Tricia Christensen
Tricia Christensen
With a Literature degree from Sonoma State University and years of experience as a MyLawQuestions contributor, Tricia...
Learn more
Share
https://www.mylawquestions.com/what-is-a-hostile-witness.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.