Define: Unfavourable Witness

An unfavourable witness is a term commonly used in legal proceedings to refer to a witness whose testimony or statements are not favourable to the party calling them. This could mean that the witness’s testimony contradicts the party’s case, undermines their position, or otherwise does not support their legal arguments or claims. While a party may prefer to call witnesses who will provide favourable testimony, the legal process often requires parties to call all witnesses with relevant information, regardless of whether their testimony helps or hurts their case. Attorneys may still seek to minimise the impact of unfavourable witness testimony through cross-examination or by presenting other evidence to counteract its effects. The credibility and persuasiveness of unfavourable witness testimony can vary depending on the circumstances of the case, the witness’s demeanour, and the strength of the opposing party’s arguments. Overall, dealing with unfavourable witnesses is a common challenge in litigation, and attorneys must carefully strategise to address their testimony and its potential implications for their case.

An `unfavourable’ witness is one whose testimony does not advance the case of the party who called him, despite the witness’s best intentions. An unfavourable witness must be distinguished from a hostile witness: in general, if a witness proves to be unfavourable, without being hostile, then the party who called him must just take it on the chin. Of course, that party may seek to adduce additional evidence to counteract the testimony of the unfavourable witness; he may also ask the court to give leave for the witness to refresh his memory (Witness Refreshing Memory). However, he may not attempt to discredit the witness in open court by, for example, asking questions that show the witness’s testimony is at odds with his previous statements.

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.