Witnesses are a key part of most personal injury cases. No matter which side of the lawsuit you're on, they can be the defining factors that either win or lose that case for you.
But what happens if an important witness isn't as amenable as you want them to be? They can become a hostile witness. What does — and doesn't — this mean? When might you use them? And how will your attorney make the best of a hostile witness's testimony? Here's what you need to know.
What is a Hostile Witness?
Despite the dramatic terminology, hostile witnesses aren't necessarily openly hostile to you or your attorney. The hostility is more toward your case or position. These are witnesses who are not really on your side, who don't want to be there, or who may have changed their statement since first speaking with your legal team.
Why Is the Designation Important?
Every witness called to testify in court is expected to tell the truth even if they don't want to. So why is it important to note if a witness is hostile to your case?
To promote fairness in court, attorneys cannot use certain types of questions with all witnesses. Because witnesses who are on their side may have worked with the lawyer examining them, that lawyer cannot ask leading questions (generally, questions that simply require a yes or no answer).
However, you don't want a hostile witness to overshare, spout their opinions, or tell a story to the jury which might undermine your case. So a hostile witness can be asked these kinds of leading questions rather than leaving them free to say whatever they want. This is because it's unlikely they and your attorney worked together on their testimony.
Why Would You Call Hostile Witnesses?
The best-case scenario is that you can prove your case entirely with the witnesses you want. But this isn't always possible. In that case, you must work with what you have.
Perhaps the only eyewitness to a car accident was the other party's passenger. In this case, you may still need them to testify under oath about some important fact of the accident. However, you don't want more than that as it could harm your case. Calling them as a hostile witness allows you to get the information needed with less risk.
Where Can You Learn More?
Might you need to call hostile witnesses for your personal injury trial? If so, start by learning more about the pros and cons of this tactic. Meet with a personal injury lawyer in your state to learn more.
