Adverse witness

Adverse witness (also known as a hostile witness or unfavourable witness) is a term used in law to describe a witness whose testimony benefits the opposing party. The witness may be called by the party to whom they are adverse or hostile, and their testimony may be challenged through cross-examination.

Definition

An adverse witness is a person who testifies in a legal proceeding and whose testimony is adverse to the interests of the party who called them. This can occur when the witness is a party to the litigation or has an interest in the outcome, or when the witness shows hostility or bias against the party who called them.

Role in Legal Proceedings

In a trial, the role of an adverse witness is crucial. They are called to the stand by one party but their testimony supports the case of the opposing party. This can occur in both criminal and civil cases. The party who called the adverse witness has the right to cross-examine them as if they were called by the opposing party.

Cross-Examination of Adverse Witnesses

The cross-examination of an adverse witness is a key aspect of the adversarial system. It allows the party who called the witness to challenge their testimony and attempt to discredit them. This can involve questioning the witness's credibility, their recollection of events, or their understanding of the facts.

Adverse Witness in Different Jurisdictions

The concept and treatment of an adverse witness can vary between different jurisdictions. In some jurisdictions, the party who called the adverse witness is allowed to treat them as a hostile witness and use leading questions during cross-examination. In others, the party must seek the court's permission to treat the witness as hostile.

See Also

• Witness
• Testimony
• Cross-examination
• Adversarial system
• Jurisdiction