![]() ![]() The attorney will integrate a hostile witness's expected responses into the larger case strategy through pretrial planning and through adapting as necessary during the course of the trial. Attorneys can influence a hostile witness's responses by using Gestalt psychology to influence the way the witness perceives the situation, and utility theory to understand their likely responses. In cross-examination conducted by the opposing party's attorney, a witness is presumed to be hostile and the examining attorney is not required to seek the judge's permission before asking leading questions. As a rule, leading questions are generally allowed only during cross-examination, but a hostile witness is an exception to this rule. Leading questions either suggest the answer ("You saw my client sign the contract, correct?") or challenge ( impeach) the witness's testimony. ![]() If the request is granted, the attorney may proceed to ask the witness leading questions. This concept is used in the legal proceedings in the United States, and analogues of it exist in other legal systems in Western countries.ĭuring direct examination, if the examining attorney who called the witness finds that their testimony is antagonistic or contrary to the legal position of their client, the attorney may request that the judge declare the witness "hostile". ( Learn how and when to remove this template message)Ī hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. ![]() ( January 2022) ( Learn how and when to remove this template message) You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. The examples and perspective in this article deal primarily with the United States and Australia and do not represent a worldwide view of the subject. ![]()
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