Who has the authority to determine whether a witness is hostile?

Who has the authority to determine whether a witness is hostile?

• A. The jury decides hostility during testimony.
• B. The presiding judge has sound discretion to determine hostility.
• C. Hostility is automatically determined by statute.
• D. Hostility is irrelevant to impeachment.

Answer: (B)

The judge’s ruling governs this. A witness is deemed hostile by the presiding judge, who has the discretion to determine whether a witness is adverse to the party calling them. This isn’t decided by the jury, and there isn’t a statute automatically labeling someone as hostile. Once the judge declares hostility, the examining party can use leading questions on direct and may rely on impeachment more readily because the witness is considered adverse. In short, the authority to determine hostility rests with the judge, exercising judicial discretion in the moment.

The judge’s ruling governs this. A witness is deemed hostile by the presiding judge, who has the discretion to determine whether a witness is adverse to the party calling them. This isn’t decided by the jury, and there isn’t a statute automatically labeling someone as hostile. Once the judge declares hostility, the examining party can use leading questions on direct and may rely on impeachment more readily because the witness is considered adverse. In short, the authority to determine hostility rests with the judge, exercising judicial discretion in the moment.