Legal Definitions - hostile witness

A hostile witness is a person called to testify by one party in a legal proceeding who, during their testimony, demonstrates antagonism, bias, or an unwillingness to provide information favorable to the party who called them. This often occurs when the witness has a personal connection to the opposing side, holds a grudge, or is simply uncooperative. When a witness is declared hostile by the court, the party who called them is then permitted to ask leading questions – questions that suggest the desired answer – similar to the way they would during cross-examination. This allows the attorney to challenge the witness's statements or elicit specific information they might otherwise be reluctant to provide. This term is also sometimes referred to as an adverse witness.

• Imagine a scenario where a small business, "InnovateTech," sues a larger competitor, "GlobalCorp," for patent infringement. InnovateTech calls a former senior engineer from GlobalCorp to testify, believing this engineer has knowledge that will support their claim. However, during questioning, the engineer consistently gives evasive answers, downplays GlobalCorp's actions, and appears to be protecting their former employer. InnovateTech's attorney would likely ask the court to declare this engineer a hostile witness. Once declared hostile, the attorney could then use leading questions (e.g., "Isn't it true that you personally reviewed the design documents before they were submitted?") to try and get more direct answers or highlight inconsistencies, rather than being limited to open-ended questions.

• Consider a personal injury lawsuit where a pedestrian, Ms. Chen, is suing a driver, Mr. Davies, after being hit by his car. Ms. Chen's attorney calls Mr. Davies's passenger at the time of the accident, Mr. Evans, hoping he will corroborate details about Mr. Davies's distracted driving. However, Mr. Evans, being a close friend of Mr. Davies, provides vague recollections, claims not to remember key details, and avoids making any statements that would implicate his friend. In this situation, Ms. Chen's attorney would likely request that Mr. Evans be declared a hostile witness. This would allow the attorney to ask pointed, leading questions like, "You saw Mr. Davies looking at his phone just before the intersection, didn't you?" to challenge his memory or reluctance.

• In a criminal trial, the prosecution is attempting to prove that Mr. Harris committed a robbery. They call Mr. Harris's cousin, Ms. Rodriguez, to testify, as she was present at a gathering where Mr. Harris allegedly discussed details of the robbery. Ms. Rodriguez, out of family loyalty, is extremely reluctant to testify against her cousin. On the stand, she repeatedly states she "doesn't recall" conversations or gives answers that are unhelpful to the prosecution's case. The prosecutor would then ask the judge to declare Ms. Rodriguez a hostile witness. This declaration would permit the prosecutor to use leading questions, such as "You heard Mr. Harris admit he was at the convenience store that night, didn't you?", to try and refresh her memory or confront her with prior statements she might have made to investigators.