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Hostile witness

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  • Hostile witness

    A hostile witness is a witness in a trial who testifies for the opposing party or a witness who offers adverse testimony to the calling party during direct examination. A witness called by the opposing party is presumed hostile. A witness called by the direct examiner can be declared hostile by a judge, at the request of the examiner, when the witness' testimony is openly antagonistic or clearly prejudiced to the opposing party. A party examining a hostile witness may question the witness as if in cross-examination, thus permitting the use of leading questions. A hostile witness is sometimes known as an adverse witness.

  • #2
    Re: Hostile witness

    Can they refuse to testify?

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    • #3
      Re: Hostile witness

      Normally no--they still must testify.

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