The term "hostile" refers to an attitude or behavior that is unfriendly, adversarial, or shows a desire to harm. In legal contexts, it often describes a witness who may provide biased or prejudicial testimony due to their opposing interests. For example, a hostile witness may be someone whose testimony is not supportive of the party that called them to testify.
"Hostile" is commonly used in various areas of law, including:
Users can manage certain legal processes involving hostile witnesses with the right tools, such as templates from US Legal Forms.
Here are a couple of examples of abatement:
Example 1: In a personal injury case, a witness who was at the scene of the accident may have a personal relationship with the defendant and could provide hostile testimony that undermines the plaintiff's claims.
Example 2: In a divorce case, a spouse may call a mutual friend as a witness, but if that friend has a strong bias towards one spouse, they may act as a hostile witness during the proceedings. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Hostile Witness Definition |
|---|---|
| California | Allows for the declaration of a witness as hostile if they show unwillingness to cooperate. |
| New York | Defines hostile witnesses similarly but emphasizes the need for prior notice to the court. |
| Texas | Permits the classification of a witness as hostile based on their demeanor during testimony. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Adverse Witness | A witness whose testimony may be harmful to the party that called them. | All hostile witnesses are adverse, but not all adverse witnesses are necessarily hostile. |
| Friendly Witness | A witness who supports the party that called them and provides favorable testimony. | Friendly witnesses provide supportive evidence, contrasting with the antagonistic nature of hostile witnesses. |
If you find yourself dealing with a hostile witness, consider the following steps:
In complex situations, seeking legal advice is highly recommended.
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