Legal Definitions - adverse witness

An adverse witness, sometimes also called a hostile witness, is an individual called to testify in a legal proceeding whose interests, loyalties, or relationship align with the opposing party. This alignment suggests a potential bias against the party who called them to the stand, or an unwillingness to provide testimony favorable to that party.

Because of this potential bias or alignment, the legal system allows the party examining an adverse witness to use specific questioning techniques, such as leading questions (which suggest an answer), and to challenge their testimony more directly, similar to how one would cross-examine a witness called by the opposing side. This is crucial for ensuring a fair trial and the ability to uncover the truth, even from reluctant or biased witnesses.

Here are some examples illustrating when a witness might be considered adverse:

• Example 1: Business Partnership Dispute

  Imagine two former business partners, Sarah and Mark, are in a lawsuit over the dissolution of their company. Sarah's lawyer calls Alex, who is Mark's current business partner in a new venture, to testify about certain financial dealings of the old company. Alex would likely be deemed an adverse witness to Sarah because his ongoing professional and financial interests are now directly tied to Mark. His testimony might be influenced by his loyalty to Mark and their shared business, potentially making him reluctant to provide information that could harm Mark's case.

• Example 2: Car Accident Lawsuit

  Consider a personal injury case where a pedestrian, Emily, is suing a driver, David, for negligence after being hit by his car. Emily's attorney decides to call David's close friend, Lisa, who was a passenger in David's car at the time of the accident, to testify about the events. Lisa would be considered an adverse witness to Emily. Due to her close personal relationship with David, Lisa's testimony might be biased in his favor, or she might be unwilling to provide details that could negatively impact her friend's defense.

• Example 3: Employment Discrimination Case

  Suppose an employee, Maria, sues her former employer, "TechCorp," for wrongful termination and discrimination. Maria's lawyer calls a current senior manager at TechCorp, Mr. Henderson, to testify about company policies and practices related to employee dismissals. Mr. Henderson would be an adverse witness to Maria. As a current employee and manager, his loyalty and professional interests are aligned with TechCorp, the defendant. He might be hesitant to offer testimony that could harm the company's reputation or legal position, making his perspective potentially biased against Maria's claims.