Legal Word Hostile
Are you a lawyer? Visit our professional website » Abogado.com The #1 Legal website in Spanish LawInfo.com National Directory of Bar Associations and Legal Resources for Consumers FindLaw.com 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 FindLaw.com, 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.
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