Unfavorable Witness: Legal Definition and Key Considerations
Definition & Meaning
An unfavorable witness is a person who provides answers that do not support the case of the party who called them to testify. During the examination in chief, the party that called this witness is not required to cross-examine them. Instead, they may present evidence that contradicts the witness's testimony. This concept serves as a general exception to the rule that prohibits a party from discrediting their own witness during direct examination.
Legal Use & context
The term "unfavorable witness" is commonly used in various legal contexts, including civil, criminal, and family law cases. It is particularly relevant during trials when a party presents witnesses to support their claims. If a witness provides unfavorable answers, the calling party can still challenge the witness's credibility through other evidence. Users can manage related legal processes using templates from US Legal Forms, which are designed by experienced attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a personal injury case, a plaintiff calls a friend to testify about the accident. The friend states that the plaintiff was at fault, which is unfavorable to the plaintiff's case. The plaintiff can choose not to cross-examine the friend but may present other evidence to counter this testimony.
Example 2: In a child custody dispute, a parent calls a relative to testify about their parenting skills. If the relative provides negative feedback, the parent can use other witnesses or documents to challenge the relative's statements. (hypothetical example)