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To: jmacusa

I was watching - and thought the same, this guy is not answering questions, he’s evasive, and doesn’t that mean he’s ‘hostile’?

That said, I’ve heard the term but don’t quite understand what it means in a courtroom.


32 posted on 02/28/2024 5:04:01 AM PST by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: fuzzylogic
A hostile witness means that a lawyer is allowed to ask leading questions.

Instead of asking a question like "On what date did you observe the defendant..." the lawyer is allowed to ask "Didn't you see the defendant on Monday the 3rd at 4:00am..."

-PJ

48 posted on 02/28/2024 6:27:53 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: fuzzylogic

“technically an “adverse witness” in a trial who is found by the judge to be hostile (adverse) to the position of the party whose attorney is questioning the witness, even though the attorney called the witness to testify on behalf of his/her client.

When the attorney calling the witness finds that the answers are contrary to the legal position of his/her client or the witness becomes openly antagonistic, the attorney may request the judge to declare the witness to be “hostile” or “adverse.”

If the judge declares the witness to be hostile (i.e. adverse), the attorney may ask “leading” questions which suggest answers or are challenging to the testimony just as on cross examination of a witness who has testified for the opposition.”

https://dictionary.law.com/Default.aspx?selected=884

“(a) A court should not permit leading questions
during the direct examination of a witness...

(b) When a party calls (i) an adverse party, (ii) a
witness identified with an adverse party, or (iii) a
witness who is hostile or becomes hostile during
examination, the court may permit leading
questions in conducting the direct examination. “

https://www.nycourts.gov/JUDGES/evidence/6-WITNESSES/6.10.%20Scope_&_Manner_of_Examination_of_Witnesses.pdf

I think an example came when one of the attorneys asked something like, “Isn’t it true your text messages were honest and you are lying now because you are under pressure?” That isn’t a real quote but it is close to one of the “questions” asked.


52 posted on 02/28/2024 6:41:52 AM PST by Mr Rogers (We're a nation of feelings, not thoughts.)
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