Permission To Treat The Witness As Hostile
Olivia Luz
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.
When you have called a witness in your own case in chief but they are an unfavorable witness or an adverse witness you may treat the witness as hostile and cross examine the witness. As a rule leading questions are generally allowed only during cross examination but a hostile witness is an exception to this rule. The attorney can ask the witness leading questions to get him to say what the attorney wants him to say. Permission to treat as hostile is sought to head off objections that would otherwise follow by the non questioning opposing lawyer that the questions that will follow are leading.
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