Hostile Witness Examination in Florida
A hostile witness (§90.612(2)) is adverse or uncooperative. When declared hostile, the calling party may use leading questions and cross-examination techniques during direct examination. The court has discretion to grant the designation.
Establishing Hostility
- Affiliated with opposing party
- Demonstrating evasiveness or reluctance
- Answers inconsistent with prior statements
- Showing bias against calling party
- Attorney requests court declaration
Effect of Designation
- Leading questions permitted on direct
- Prior inconsistent statement confrontation
- Cross-examination techniques during direct
- Greater control over uncooperative testimony
Common Uses
Calling adverse parties, witnesses who changed testimony, uncooperative witnesses, and opposing party's experts in real estate litigation.
Related Terms
Barnes Walker Litigation
Barnes Walker's attorneys handle hostile witness examinations in Florida civil and commercial litigation. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC