what does it mean when a lawyer ask to treat a witness as hostile

When the lawyer asks the court to treat the witness as hostile, the lawyer is asking permission to lead thewitness to make specific points from a witness that normally does not want those points made. Normally,unless the witness is actually an opponent in the litigation or a hired expert witness for an opponent, thecourt will not allow the witness to be treated as a hostile witness until the witness exhibits hostility to thesponsoring lawyers positions in testimony with non-leading, open ended questioning.

Full Answer

What does it mean to treat a witness as hostile?

Permission to treat as hostile is sought to head off objections that would otherwise follow by the non-questioning opposing lawyer that the questions that will follow are leading. In the United States, if a party (or his or her lawyer) calls a witness to present his case, it is impermissible to “lead” that witness, i.e., ask a question

Can a hostile witness be asked leading questions on direct examination?

Answer: In the court’s discretion, a witness hostile or adverse to the interests of the party questioning on direct examination (i.e., that party’s witness), though called to testify by the questioner, may be asked leading questions as if on cross-exam.

Can an 11 year old be a hostile witness?

The prosecutor called the 11-year old next, and qualified her as a hostile witness. Normally, witnesses are excluded from the courtroom while other witnesses are testifying, but the girl was the victim of the disorderly conduct charge, and as a victim she had the right to sit and listen to her mom’s testimony.

What is “permission to treat as hostile”?

Permission to treat as hostile is sought to head off objections that would otherwise follow by the non-questioning opposing lawyer that the questions that will follow are leading.

What does it mean to treat as hostile witness?

hostile witness. n. technically an "adverse witness" in a trial who is found by the judge to be hostile (adverse) to the position of the party whose attorney is questioning the witness, even though the attorney called the witness to testify on behalf of his/her client.

Why do lawyers ask for permission to treat a witness as hostile?

The lawyer can ask that the complainant be designated "hostile" because the complainant is adverse to the defense position. Allowing the witness to be designated hostile allows the lawyer to then ask LEADING questions. A leading question calls for a "yes" or "no" answer.

What does a hostile witness meaning in law?

A witness who testifies against the party who has called the person to testify. The examiner may ask a hostile witness leading questions, as in cross-examination. Also called an adverse witness.

What is the punishment for hostile witness?

This provision states that any person doing such would be liable for punishment with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

How do you qualify to be a hostile witness?

A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand.

How do you treat someone as a hostile witness?

Here are three strategies to handle a hostile witness, as reported by The Street.Ask Leading Questions. Unlike questioning of friendly witnesses, you are allowed to ask leading questions of hostile witnesses. ... Limit the Scope Testimony. ... Impeach.

What is hostile law?

A witness is termed hostile, when he gives a certain statement on his knowledge about commission of a crime before the police but refutes it when called as witness before the court during trial. The term "hostile" witness has it's genesis in the Common Law.

Who cross examines the hostile witness?

Section 154 allows a party calling a witness may, with the permission of the court, put leading questions and cross-examine him when it is found that he is a hostile or unwilling to answer questions put to him. It is the discretion of the court to allow party to cross-examine his own witness.

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