What is a hostile witness?

A hostile witness is a witness who is either unwilling or unable to give truthful testimony that favors the party who called them to the stand. Their hostility can manifest in various ways, and understanding these nuances is key to effective cross-examination. Here's some information:

Characteristics of a Hostile Witness:

• Uncooperative demeanor: They might be evasive, unresponsive to questions, or deliberately give short, incomplete answers. They might even actively try to obstruct the proceedings.
• Contradictory statements: Their testimony might contradict prior statements they've made (e.g., in depositions, police interviews, or written statements). This inconsistency is crucial to highlight during cross-examination.
• Bias or prejudice: They may show clear bias or prejudice against the party calling them, perhaps due to a personal relationship with the opposing party or a pre-existing grudge.
• Lack of memory: They may claim a surprising lack of memory regarding crucial events, even if those events were significant or easily remembered. This selective amnesia is often a tactic.
• Rehearsed testimony: Their answers might be overly polished and rehearsed, suggesting they've been coached to present a specific narrative.

Legal Implications:

• Leading questions: Unlike with friendly witnesses, attorneys are generally allowed to use leading questions (questions that suggest the answer) when examining hostile witnesses. This is because getting information from a hostile witness requires a more direct approach.
• Impeachment: Attorneys can readily use prior inconsistent statements and other evidence to impeach (damage the credibility of) a hostile witness.
• Refreshing recollection: The attorney might try to refresh the witness's recollection with documents or other evidence, hoping to jog their memory and elicit favorable testimony. However, this must be done carefully and in accordance with the rules of evidence.

Dealing with a Hostile Witness:

The attorney's strategy will depend on the specific circumstances and the nature of the hostility. They might:

• Focus on inconsistencies: Carefully highlight contradictions in their testimony, comparing it to previous statements or other evidence.
• Use documents and exhibits: Present documents or other physical evidence to challenge the witness's claims.
• Control the pace: Maintain a calm and controlled demeanor, preventing the witness from dominating the examination.
• Limit open-ended questions: Avoid questions that allow the witness to ramble or evade the key issues.
• Call other witnesses: If the hostile witness's testimony is damaging, the attorney may call other witnesses to rebut or contradict their statements.

In essence, dealing with a hostile witness requires a skilled and strategic approach from the attorney. It's often a delicate balance between obtaining critical information and maintaining control of the proceedings.