Legal Definitions - friendly witness

A friendly witness is an individual called to provide testimony in court by a party who expects that person's statements to support their legal position. This witness is generally cooperative and provides information that strengthens the case of the party who called them.

Because a friendly witness is expected to be supportive, the attorney who calls them typically asks open-ended questions, allowing the witness to explain their knowledge in detail, rather than using leading questions (which suggest the desired answer). However, if a friendly witness unexpectedly provides testimony that harms the case or becomes uncooperative, the attorney may request the judge to declare them a "hostile witness." If granted, this declaration then permits the attorney to use leading questions, similar to how they would during cross-examination of an opposing witness.

• Example 1: Personal Injury Lawsuit

  Imagine a plaintiff suing for injuries sustained in a car accident. The plaintiff's attorney calls Dr. Anya Sharma, the plaintiff's orthopedic surgeon, to testify. Dr. Sharma is considered a friendly witness because her testimony is expected to detail the plaintiff's injuries, explain their severity, connect them to the accident, and discuss the long-term prognosis, all of which support the plaintiff's claim for damages. The attorney would ask questions like, "Dr. Sharma, please describe the nature of Ms. Rodriguez's knee injury and the treatment plan you prescribed," expecting a comprehensive answer that reinforces the plaintiff's case.

• Example 2: Business Contract Dispute

  Consider a scenario where Company A is suing Company B for breach of contract. Company A's attorney calls Mr. David Lee, a project manager from Company A who was directly involved in the contract negotiations and execution. Mr. Lee is a friendly witness because his testimony is anticipated to confirm Company A's understanding of the contract terms, detail Company B's alleged failures to meet its obligations, and explain the damages incurred by Company A. The attorney might ask, "Mr. Lee, can you explain the agreed-upon timeline for the software delivery as discussed during the initial meetings?" expecting an answer that aligns with Company A's interpretation of the contract.

• Example 3: Criminal Defense Case

  In a criminal trial, a defendant's attorney might call Ms. Sarah Chen to testify. Ms. Chen is the defendant's neighbor and saw the defendant at home during the time the alleged crime occurred several blocks away. Ms. Chen is a friendly witness for the defense because her testimony is expected to provide an alibi for the defendant, placing him away from the crime scene. The defense attorney would ask, "Ms. Chen, where were you and Mr. Johnson on the evening of June 10th between 7:00 PM and 9:00 PM?" expecting her to recount seeing the defendant at his residence, thereby supporting the defense's claim of innocence.