Hostile Witnesses In our system of evidence, each side can call its own list of witnesses to give evidence in support. This occurs in a civil court as well as in a criminal court. But the witness you call is your "own witness" and you can only ask direct questions of them without actually getting into cross-examination. You cannot call a witness and then, when you don't get the answers you want, proceed to cross-examine your witness. You are stuck with his or her answers. However, if you have evidence of a prior inconsistent statement made by your witness, then you can apply to the Judge to have your witness declared hostile. The Judge will consider the evidence of the prior inconsistent statement and may declare the witness hostile which then will allow you to be able to cross-examine that witness. Cross-examination gives you much more power to question the witness. You can “put to” a hostile witness, or a witness for the opposing side, that they are lying and that their evidence is wrong. But you cannot treat your own witness the same way, unless that witness is declared hostile. Another example might occur if you call a witness to give evidence o- .....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!
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