Who is considered a hostile witness?

A hostile witness is defined as one whose testimony is not favorable to the party that called them to testify. This situation often arises in court when a witness provides information that contradicts the expectations of the party presenting them, which can occur due to a variety of factors, such as a change in their stance on the case or a natural alignment with opposing arguments.

When a witness is deemed hostile, the attorney who called them may be allowed to ask leading questions, which helps control the line of questioning and can elicit more useful information for the case. Understanding this definition is essential because it highlights the strategic considerations involved in witness examination and the overall dynamics of a trial.

Other options either misinterpret the concept of a hostile witness or describe different situations. For instance, a witness who provides supportive testimony cannot be considered hostile, as their input aligns with the objectives of the party that has called them. Similarly, a witness who avoids questions or is biased may present challenges, but these characteristics do not define hostility in the context of legal proceedings. Therefore, identifying a witness as hostile is fundamentally tied to the unfavorable nature of their testimony in relation to the party that called them.