Who is considered a hostile witness?

Who is considered a hostile witness?

• A. A witness called by one side with interests aligned with that side
• B. A witness who refuses to testify
• C. A witness whose interests lie with the other party but is called by one side
• D. A witness providing expert testimony

Answer: (C)

A hostile witness is typically a person who has interests that align more closely with the opposing party, but is nonetheless called to testify by one side in a legal proceeding. This situation often arises when a witness's testimony may not be favorable to the party that has called them, leading the attorney to request permission from the court to treat the witness as hostile. This allows the attorney to ask leading questions – questions that suggest their own answers – to elicit the required information more effectively, as the witness may be uncooperative or evasive. The choice aligning with this definition highlights the complexity of witness testimony in legal contexts. In contrast, the other options describe scenarios that do not encapsulate the idea of a hostile witness: a witness with aligned interests is cooperative; a witness who refuses to testify isn't providing testimony at all; and an expert witness is usually expected to provide informed, helpful testimony rather than act in opposition to the interests of the party that has called them.

A hostile witness is typically a person who has interests that align more closely with the opposing party, but is nonetheless called to testify by one side in a legal proceeding. This situation often arises when a witness's testimony may not be favorable to the party that has called them, leading the attorney to request permission from the court to treat the witness as hostile. This allows the attorney to ask leading questions – questions that suggest their own answers – to elicit the required information more effectively, as the witness may be uncooperative or evasive.

The choice aligning with this definition highlights the complexity of witness testimony in legal contexts. In contrast, the other options describe scenarios that do not encapsulate the idea of a hostile witness: a witness with aligned interests is cooperative; a witness who refuses to testify isn't providing testimony at all; and an expert witness is usually expected to provide informed, helpful testimony rather than act in opposition to the interests of the party that has called them.