Litigation Law

Hostile Witness

A witness who, during trial, gives testimony contrary to the statement they gave earlier during investigation, often favouring the opposing side.

A witness is treated as "hostile" when their testimony in court departs significantly from what they told investigators earlier, effectively working against the party that called them. The court can permit that party to cross-examine its own witness once this happens.

A hostile witness's testimony doesn't automatically get thrown out — the court still weighs it alongside other evidence, giving appropriate weight to the parts that remain credible.

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