Skip to content

Friendly witness

Anton Vasilescu edited this page May 9, 2023 · 1 revision

A friendly witness is a witness called to testify on your behalf, and whom you may not cross-examine. 

A friendly witness should answer questions that promote the examination and provide evidence similar to what they have said before. The friendly witness should not testify significantly different from their pre-train statement or testimony in the court. To prevent “friendly cross-examination” leading questions should not be used until they become non-cooperative.

If the friendly witness testifies in a way that hurts your case, you can ask the judge to declare them a hostile witness, which means that you can begin to cross-examine them with leading questions.  According to the Federal Rules of Evidence rule 611 only after requesting the judge that turns the witness into a hostile witness can the lawyer use leading questions to cross-examine the witness. Sometimes the trial court may allow using the leading question to help refresh their memory, according to Goings v. U.S., C.A.8 (S.D.) 1967, 377 F.2d 753.

Clone this wiki locally