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Simple English definitions for legal terms
adverse witness
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A quick definition of adverse witness:
An adverse witness is someone who supports the other side in a legal case because they have a relationship or common interest with them. For example, if someone is on trial and a witness is on the side of the people who brought the charges, that witness is adverse. The person on trial has the right to ask the adverse witness questions to make sure the trial is fair. They can also ask leading questions to get the answers they need.
A more thorough explanation:
An adverse witness, also known as a hostile witness, is someone who supports the opposing party in a legal case because they have a relationship or common interest with them. For instance, if the state is prosecuting a defendant in a criminal case, a witness who supports the state's position is an adverse witness to the defendant. However, if the witness is not a party to the case and has no legal interest in the outcome, they are not an adverse witness.
It is crucial to have the right to cross-examine and potentially discredit an adverse witness to ensure a fair trial and due process. Additionally, a party can ask leading questions when interrogating an adverse witness.
In a divorce case, the wife's sister testifies against her brother-in-law, who is the husband. The sister is an adverse witness to the husband because she supports her sister's position. The husband's lawyer can cross-examine the sister to challenge her testimony and credibility.