adverse), the attorney may ask "leading" questions which suggest answers or are challenging to the testimony just as on cross examination of a witness who has testified for the opposition. When the attorney calling the witness finds that the answers are contrary to the legal position of his/her client or the witness becomes openly antagonistic, the attorney may request the judge to declare the witness to be "hostile" or "adverse." If the judge declares the witness to be hostile (i.e. A lawyer may ask a hostile witness questions that he or she could not ask a friendly witness, so permission may expand the type of questioning.
TREAT THE WITNESS AS HOSTILE TRIAL
technically an "adverse witness" in a trial who is found by the judge to be hostile (adverse) to the position of the party whose attorney is questioning the witness, even though the attorney called the witness to testify on behalf of his/her client. In general, the phrase permission to treat a witness as hostile indicates to both the judge and the jury that a witness is not cooperating at trial and/or is not honest with his or her answers. Prosze o uznanie świadka za świadka strony przeciwnej Polish translation: prosze o uznanie świadka za świadka strony przeciwnej Permission to treat this witness as hostile. Ordinarily, the court should allow leading questions: (1) on cross-examination and (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
Social Science, Sociology, Ethics, etc. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony.(There is also a very rarely used, residual, common law, power to declare a witness hostile: R v Thompson 1976 64 Cr App R 96). General / Conversation / Greetings / Letters Applications to treat a witness as hostile are nearly always made pursuant to Section 3 of the Criminal Procedure Act of 1865.
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