Treating a witness as hostile during a legal proceeding signifies that the party who called the witness seeks permission from the court to question them using <a href="https://www.wikiwhat.page/kavramlar/leading%20questions">leading questions</a>, and to challenge their testimony. This is a significant departure from the usual approach of questioning your own witness, where you generally aim to elicit favorable information and avoid discrediting them.
A witness is typically declared hostile when they demonstrate <a href="https://www.wikiwhat.page/kavramlar/antagonistic%20behavior">antagonistic behavior</a> or bias towards the questioning party, give evasive answers, or provide testimony that contradicts prior statements or other evidence. Essentially, the witness is behaving in a manner that is detrimental to the case of the party that called them to testify.
The key consequences of treating a witness as hostile include:
Leading Questions: The lawyer can ask <a href="https://www.wikiwhat.page/kavramlar/leading%20questions">leading questions</a>, which suggest the answer, to try and steer the witness towards providing the desired information.
Impeachment: The lawyer can attempt to <a href="https://www.wikiwhat.page/kavramlar/impeach%20the%20witness">impeach the witness</a>, meaning to discredit their testimony by introducing prior inconsistent statements or other evidence that challenges their credibility.
Cross-Examination: While the witness was called by this party, treating them as hostile allows for cross-examination style questioning.
A judge must grant permission to treat a witness as hostile. The judge will consider factors such as the witness's demeanor, their relationship to the parties involved, and the substance of their testimony to determine if hostility is warranted. The declaration of a witness as hostile is not merely a strategic tactic; it requires demonstrating genuine antagonism or uncooperativeness that hinders the pursuit of truth.
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