A hostile witness is a witness who exhibits a strong bias against the party that called them or who is uncooperative and unresponsive while testifying in courtroom proceedings. The hostility may manifest in various ways, such as providing evasive answers, being openly antagonistic, or deliberately withholding information that is relevant to the case.
Typically, witnesses are called by one of the parties involved in a legal proceeding to testify and provide information that supports their case. However, if a witness becomes adverse or uncooperative during questioning, the opposing party may request that the court declare the witness as hostile. This designation allows the lawyer who called the witness to ask leading questions, which are questions that suggest the desired answer and are generally not allowed during direct examination.
The purpose of declaring a witness as hostile is to enable the examining attorney to elicit more accurate or complete information from the witness, even if the witness is not willing to provide it voluntarily. This situation often arises when the witness changes their testimony, contradicts earlier statements, or appears to be withholding information that is important to the case.
The judge has discretion in determining whether a witness is hostile and in allowing the examining attorney to ask leading questions. The concept of a hostile witness is primarily a procedural tool to ensure a fair and effective examination of witnesses in a legal setting.
You can learn more about this topic with our Evidence notes.
