A friendly witness refers to a witness who is expected to provide testimony that supports the position of the party calling them. Unlike hostile witnesses, who may be adverse or uncooperative, friendly witnesses are typically cooperative and willing to testify in a manner that aligns with the interests of the party that called them. They are often called upon to provide factual information or expert opinion that bolsters the case or defence being presented. Friendly witnesses can play a strategic role in legal proceedings by strengthening the credibility of the presenting party’s arguments and helping to establish the desired narrative or version of events.
A witness whom you have called to testify, and whom you may not cross-examine. If the witness testifies in a way that hurts your case, you can ask the judge to declare him a “hostile witness,” which means that you can begin to cross-examine him with leading questions.
A friendly witness is a witness who is expected to provide testimony favourable to the party calling them, typically because they are aligned with that party’s interests.
Unlike other witnesses who may be impartial or adverse to one party, a friendly witness is generally sympathetic to the party calling them and may be more cooperative or supportive in their testimony.
In some cases, a party may call their own attorney as a witness if the attorney has relevant information about the case. However, attorneys are typically not called as witnesses unless necessary, as they are advocates for their clients rather than fact witnesses.
A friendly witness may testify about facts within their knowledge, provide expert opinions, or corroborate the testimony of other witnesses in support of the party calling them.
Yes, friendly witnesses are subject to cross-examination by the opposing party’s attorney, who may seek to challenge their credibility, undermine their testimony, or elicit contradictory evidence.
Attorneys should thoroughly prepare friendly witnesses for trial by reviewing their testimony, addressing potential cross-examination questions, and ensuring they understand their role and responsibilities as witnesses.
Yes, the opposing party may object to the testimony of a friendly witness if it is irrelevant, prejudicial, or otherwise inadmissible under the rules of evidence.
Attorneys should consider factors such as the witness’s credibility, knowledge of relevant facts, and potential to persuade the judge or jury when deciding whether to designate them as a friendly witness.
Yes, a witness can be designated as both a friendly witness and an expert witness if they possess specialised knowledge or expertise relevant to the case and are aligned with the party calling them.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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