hostile witness

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hostile witness

A witness in a trial who testifies for the opposing party and is subject to cross-examination by the same party that called him or her as a direct witness due to antagonism demonstrated during direct examination. Witnesses called by the opposing party are presumed hostile. A witness can be declared hostile by a judge at the request of the examiner, when the witness' testimony is openly antagonistic or when clearly prejudiced to the opposing party.
References in periodicals archive ?
(35) The Bill of Rights included, inter alia, the right for an accused to confront adverse witnesses in a criminal proceeding.
By understanding the deficiencies of an adverse witness's analysis, the cross-examiner will help lead the trier of fact to an independent determination that the witness is wrong.
Be able to explain why adverse witnesses couldn't have seen what they said they saw.
Chapters address the purposes of cross and building a case theory; concession-seeking cross; witness impeachment; the cross-examiner's character and conduct in trial; controlling the unruly witness; witness preparation; expert witnesses; problems presented by adverse witnesses, deponents, forgetters, and interview refusers, among others; the ethical and legal bounds of cross; and how to avoid and meet objections to cross-examination questions.
As will be explained, such a provision, if not carefully limited, can undermine California law preserving the right to cross-examine adverse witnesses by restricting a judge's power to declare as unavailable, witnesses who refuse to testify out of fear for their safety.
(21) Looking at the defendant's need to cross-examine adverse witnesses, what difference does it make whether the absent witness made a statement to a neighbor or to the police and, if to the police, whether it was during (nontestimonial) or after (testimonial) an emergency?
I am often called on to conduct background investigations of potential business partners, senior level executives, adverse witnesses in complex litigation, and others.
The district court granted the petition, finding that the prisoner's constitutional right to confrontation of adverse witnesses was violated the hearing.
They cannot confront adverse witnesses and do not have a right to legal representation or appeal.
While a criminal defendant generally is entitled to the full panoply of due process rights, including the right to cross-examine adverse witnesses and the right to exclude "hearsay" testimony, those rights do not necessarily apply in an administrative hearing.
The appellate court found "the litigation privilege does not exist to protect one's own expert witness, but to protect adverse witnesses from suit by opposing parties after the lawsuit ends."
In addition to the risk of congressional immunity complicating later prosecution efforts, a congressional committee may hear testimony from some of the same individuals who are likely to be adverse witnesses in any later prosecution.