#Witness meaning trial#

Consider the following example:Īt a trial in a matter concerning a car accident, the plaintiff’s attorney calls his witness to testify to the fact that the light was red when the defendant crashed into him. In other words, leading questions “spoon feed” the witness by putting words into his mouth. Leading QuestionsĪttorneys are prohibited by the rules of evidence from asking their own witnesses “leading questions.” A leading question is one that coaches a witness by guiding him toward the answer the attorney wants him to give.

Instead, it is merely evidence showing the witness’ credibility, or lack thereof. Once the statement is read into evidence, then the judge clarifies to the jury that what is contained in the witness’ written statement does not prove the facts in the statement. This means that his statement is read to the jury as proof of the fact that he had made a contradictory statement.

If, however, he continues to deny a contradiction, then his statement is read into evidence. If the witness agrees that a contradiction has been made, then the judge instructs the jury to disregard his testimony, and the witness is discredited. Specifically, the witness is shown the section of the statement that he is accused of contradicting. The witness is then asked to return to the stand, and his prior statement is shown to him so that he can identify it as his own. The person who took the witness’ pre-trial statement is then asked to come to the stand and prove to the judge that the statement was made. If the witness denies this, he is then asked to step down from the stand. If the judge agrees, then the jury is made aware that the witness has made a statement that significantly differed from, or contradicted, the one he had made previously. When an attorney suspects a witness of being hostile, he makes an application to the judge, absent the jury, asking the judge to treat the witness as hostile. When a witness is declared as hostile, he is being accused of contradicting his pre-trial statement while on the witness stand. This does not prove whether the information contained in the statement is indeed factual. If this happens, the statement is only used as proof of the fact that the witness is giving inconsistent testimony. The attorney can also cross-examine his own witness based on the contents of the witness’ pre-trial statement. The attorney can ask the witness leading questions to get him to say what the attorney wants him to say. If a judge decides that the witness on the stand is acting as a hostile witness, the attorney who called that witness may be given permission to pose questions as though he were cross-examining the witness. What Happens if Someone is Declared a Hostile Witness This means that, just because the witness is providing unhelpful or unfavorable evidence, it does not mean he is doing so in an effort to be vindictive. The judge can also rule that the witness is an unfavorable witness, not a hostile witness. In determining who can be considered a hostile witness, the judge decides, based on the witness’ demeanor and credibility, if the witness should, in fact, be treated as hostile. Hostile witnesses can only be declared as such by a judge, though it is generally at the request of the attorney posing the questions. For example, a hostile witness can no longer be trusted and, as such, his own attorney can treat him as if he was working for the opposition, and can question him accordingly. Included in the statement are the facts and evidence that a witness agrees to provide in open court at the trial of the matter.Ī witness is declared as hostile, however, when his account under oath changes significantly from that which was provided in his pre-trial statement. Witnesses provide what are known as “pre- trial statements,” which are statements that essentially sum up the relevance of that witness to that particular case. What is a Hostile WitnessĪ hostile witness is someone who appears to be refusing to tell the truth in a court of law – or one who, by his actions or statements, is contrary to the party who called him. A witness who shows bias against the case of the party who called the witness.A witness who refuses to tell the truth in court after having previously declared he would do so.

Witness meaning