• Source: Hostile witness

A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness. This concept is used in the legal proceedings in the United States, and analogues of it exist in other legal systems in Western countries.




Process


During direct examination, if the examining attorney who called the witness finds that their testimony is antagonistic or contrary to the legal position of their client, the attorney may request that the judge declare the witness "hostile". If the request is granted, the attorney may proceed to ask the witness leading questions. Leading questions either suggest the answer ("You saw my client sign the contract, correct?") or challenge (impeach) the witness's testimony. As a rule, leading questions are generally allowed only during cross-examination, but a hostile witness is an exception to this rule.
In cross-examination conducted by the opposing party's attorney, a witness is presumed to be hostile and the examining attorney is not required to seek the judge's permission before asking leading questions. Attorneys can influence a hostile witness's responses by using Gestalt psychology to influence the way the witness perceives the situation, and utility theory to understand their likely responses. The attorney will integrate a hostile witness's expected responses into the larger case strategy through pretrial planning and through adapting as necessary during the course of the trial.




Jurisdiction






= Australia

=
In the state of New South Wales, the term 'unfavourable witness' is defined by section 38 of the Evidence Act which permits the prosecution to cross-examine their own witness. For example, if the prosecution calls all material witnesses relevant to a case before the court, and any evidence given is not favourable to, or supports the prosecution case, or a witness has given a prior inconsistent statement, then the prosecution may seek leave of the court, via section 192, to test the witness in relation to their evidence.




= New Zealand

=
In New Zealand, section 94 of the Evidence Act 2006 permits a party to cross-examine their own witness if the presiding judge determines the witness to be hostile and gives permission.




References






External links


Federal Rules of Evidence - Rule 611: Mode and Order of Interrogation and Presentation
• Source: Hostile Witness

Hostile Witness is a 1968 British courtroom drama film based on a play by Jack Roffey, directed by Ray Milland (who had appeared in the play on Broadway) and starring Milland, Sylvia Syms, Raymond Huntley and Julian Holloway.




Plot


A distinguished barrister finds himself on the wrong side of the law when accused of the murder of the motorist who killed his daughter.




Cast


Ray Milland as Simon Crawford, Q.C.
Sylvia Syms as Sheila Larkin
Felix Aylmer as Justice Osborne
Raymond Huntley as John Naylor
Geoffrey Lumsden as Major Hugh Beresford Maitland
Norman Barrs as Charles Milburn
Julian Holloway as Percy
Percy Marmont as Justice Matthew Gregory
Dulcie Bowman as Lady Phyllis Gregory
Ewan Roberts as Hamish Gillespie
Richard Hurndall as Superintendent Eley
Ronald Leigh-Hunt as Dr. Wimborne




Production


The play debuted in 1964 starring Michael Denison and transferred to the West End.
Jay Julien bought the production rights to stage the play in the United States. In 1965, Ray Milland agreed to appear in the play in New York. It was Milland's first theatrical appearance in some years, apart from appearing in a road version of My Fair Lady.
The New York Times called it "serviceable". The show had a capitalisation of $125,000 and ended on July 2 after 157 performances. Milland then took the play on tour. The Los Angeles Times called the production "absorbing, completely satisfactory, and wholly successful thriller."
In March 1967, it was announced that Milland would star in and direct a film version for Edward Small and United Artists. Shooting began in London in July 1967 with David Rose producing.




Critical reception


The Monthly Film Bulletin wrote: "Coming after the somewhat off-beat films Ray Milland has been associated with in recent years, this present piece seems an entirely conventional and unprofitable choice. Based on a play which manages to include all the hoary clichés of court-room drama, it is weighed down by extremely lifeless direction and the kind of acting associated with the lower rungs of radio drama. Milland's own performance consists mainly of worried closeups, and the few moments of tension at the end when the murderer is revealed are hardly worth the wait."
DVD Talk wrote: "It's not terrible and has its moments, but Billy Wilder's Witness for the Prosecution or your average episode of Rumpole of the Bailey is a lot more fun."
The entry in Halliwell's Film Guide states: "Complex courtroom thriller, filmed in a flatly boring way with stagey sets and performances. The plot is the only interest".
A review in the Radio Times by Joanna Berry described it as an "interesting but ultimately disappointing tale", which Berry considered "missable".




References






External links


Hostile Witness at IMDb
Hostile Witness at Letterboxd
Hostile Witness at BFI

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