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hostile witness :: legal definition


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. When the attorney calling the witness finds that the answers are contrary to the legal position of his/her client or the witness becomes openly antagonistic, the attorney may request the judge to declare the witness to be "hostile" or "adverse." If the judge declares the witness to be hostile (i.e. adverse), the attorney may ask "leading" questions which suggest answers or are challenging to the testimony just as on cross examination of a witness who has testified for the opposition.

See also: adverse witness leading witness and Related Law Terms ↓


Related Law Terms

acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
inter vivos trust :: n. a trust created by a writing (declaration of tr ... nter vivos testamentary trust trust
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
solicitor :: n. an English attorney who may perform all legal s ... s or barristers. See also: attorney
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
will :: n. a written document which leaves the estate of t ... will and testament probate testator
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness

Popular Law Searches

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testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
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Other Law Terms - H

habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
habitable :: adj. referring to a residence that is safe and can ... rent. See also: landlord and tenant
habitual criminal :: n. under the statutes of many states, a person who ... r any further criminal convictions.
half blood :: 1) adj. sharing one parent only. 2) n. a half brot ... icularly Native American and white.
harass :: (either harris or huh-rass) v. systematic and/or c ... also: harassment sexual harassment
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error
head of household :: n. 1) in federal income tax law, the person filing ... n or daughter. 3) "head of family."
headnote :: n. the summary of the key legal points determined ... not the court's. See also: reports
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay :: n. 1) second-hand evidence in which the witness is ... t or gossip. See also: hearsay rule
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
heir apparent :: n. the person who is expected to receive a share o ... isinherited by will. See also: heir
heiress :: n. feminine heir, often used to denote a woman who ... in the "department store heiress."
heirs of the body :: n. descendants of one's bloodline, such as childre ... nal owner. See also: heir reversion
held :: v. decided or ruled, as "the court held that the c ... See also: decision judgment ruling
hereditament :: n. any kind of property which can be inherited. Th ... till found in some wills and deeds.
hidden asset :: n. an item of value which does not show on the boo ... ets on a profit and loss statement.