Legal Word Hostile

Are you a lawyer? Visit our professional website » The #1 Legal website in Spanish National Directory of Bar Associations and Legal Resources for Consumers Free and reliable legal information for consumers and legal professionals If the investigating lawyer who called the witness finds, during direct examination, that his testimony is antagonistic or contradicts the legal position of his client, The lawyer can ask the judge to declare the witness „hostile”. If the request is granted, the lawyer may ask leading questions to the witness. Key questions suggest either the answer („You saw my client sign the contract, didn`t you?”) or question the witness` testimony (impeachment). Orientation questions are generally only permitted in cross-examination, but an enemy witness is an exception to this rule. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. An enemy witness, also known as a negative or adverse witness, is a witness at trial whose testimony is either openly antagonistic when heard directly, or appears to contradict the legal position of the party who summoned him. At, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. n. Technically, an „opposing witness” in a proceeding deemed hostile (prejudicial) by the judge to the position of the party whose lawyer is questioning the witness, even if the lawyer has summoned the witness to testify on behalf of his client. If the lawyer calling the witness finds that the answers contradict his client`s legal position or that the witness becomes openly antagonistic, the lawyer may ask the judge to declare the witness „hostile” or „prejudicial”. If the judge declares the witness hostile (i.e., prejudicial), the lawyer may ask „suggestive” questions, suggest answers, or question the testimony, just as in cross-examination of a witness who testified for the opposition.

In cross-examination by opposing counsel, a witness is presumed hostile and the examining lawyer is not required to obtain the judge`s permission before asking leading questions. Lawyers can influence the reactions of an enemy witness by using Gestalt psychology to influence the witness`s perception of the situation and utility theory to understand their likely reactions. [1] Counsel will integrate the expected responses of an enemy witness into the broader strategy of the case by planning pre-trial planning and adjusting as necessary as the process progresses. [2] In New Zealand, section 94 of the Evidence Act 2006 allows a party to cross-examine its own witness if the presiding judge considers the witness hostile and gives permission. [6] Borrowed from Middle French and Latin; Middle French, borrowed from Latin hostÄ«lis, from hostis „enemy” + -Ä«lis „belonging or characteristic of (these persons)” â more under host entry 1 Copyright © 2022, Thomson Reuters. All rights reserved. Directory of U.S. Lawyers with exclusive Super Lawyers rating Terms and ConditionsPrivacy PolicyDisclaimerCookiesDon`t sell my information In the state of New South Wales, the term „adverse witness” is defined in section 38 of the Evidence Act[3], which allows prosecutors to cross-examine their own witness. For example, if the prosecution calls all key witnesses relevant to a case before the court and the evidence presented is not favourable to or supports the prosecution,[4] or if a witness has already given contradictory testimony, the prosecution may ask the court under section 192 to question the witness in relation to his or her testimony. 5. Source: Merriam-Webster`s Dictionary of Law ©, 1996.

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