Hostile Witness

Example

Millie Miller is called to testify by her ex-husband’s defense attorney as to her ex-husband’s whereabouts on the night of June 16th. Miller immediately begins swearing at her ex-husband in the courtroom, raising her voice and saying that her ex-husband, who has been accused of murder, should get the death penalty. The ex-husband’s lawyer asks the court to declare Miller a hostile witness, and the court agrees, allowing the lawyer to ask Miller leading questions on direct examination.

Case Examples

• How the court determines a hostile witness: Courts have determined that “a trial court's decision to declare a witness hostile is a matter committed to its broad discretion, and courts consistently uphold such rulings where the record reflects evasiveness, inconsistency, or reluctance to testify.” Carcamo v. Dir., TDCJ-CID, No. 3:22-CV-2891-N-BW, 2025 WL 3700161, at *6 (N.D. Tex. Dec. 1, 2025), report and recommendation adopted, No. 3:22-CV-02891-N-BW, 2025 WL 3697413 (N.D. Tex. Dec. 19, 2025). In Carcamo, the Defendant argued that the court’s designation of one of the prosecution’s witnesses as hostile was improper and prejudiced him. Id. The Appeals Court disagreed, stating that the record made it clear that this witness did not want to answer questions or participate in the proceedings. Id. Therefore, the lower court did not abuse its discretion when it instructed the prosecution to treat the witness as hostile. Id.
• A witness that a party knows to be hostile cannot be brought into court for the sole purpose of getting otherwise inadmissible impeachment evidence. See United States v. Charleston, No. 3:24-CR-111-GHD-RP, 2025 WL 2619158, at *4 (N.D. Miss. Sept. 10, 2025)
• Employment: If a corporation is a defendant, its current employees can generally be treated as hostile witnesses. See Blackmon v. City of Chicago, No. 19 CV 767, 2025 WL 2848411, at *2 (N.D. Ill. Aug. 4, 2025).