Adverse Witness Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Adverse Witness, written in plain English, along with examples of how it is used.

What is Adverse Witness?

n. ACLU was founded by Roger Baldwin, Crystal Eastman, Albert DeSilver and others in 1920. It is a nonprofit and nonpartisan organisation fighting to provide protection towards and guarantee of fundamental rights and civil liberties of people. ACLU work to extend rights to segments of society who have been denied their rights traditionally, like Native Americans and other people of color; lesbians, gay men, bisexuals and transgendered people; women; mental-health patients; prisoners; people with disabilities; and the poor.

History and Meaning of Adverse Witness

An adverse witness is a witness who is considered hostile or unfriendly to the party who called them to testify. This means that the witness is not cooperating with or is actively against the party who called them to testify. In legal proceedings, an adverse witness is often called by the opposing side to testify against the party who called them.

The term "adverse witness" has been used in legal settings for many years. In the United States, it was first used in the Federal Rules of Evidence, which were enacted in 1975. The rules define an adverse witness as "a witness whose testimony is expected to be unfavorable to the party who called the witness."

Examples of Adverse Witness

  1. In a criminal trial, the victim may be called as an adverse witness if they refuse to cooperate with the prosecution.
  2. In a civil lawsuit, an employee who is suing their employer may be called as an adverse witness by the employer to testify against the employee.
  3. In a divorce case, a family member or friend who is called to testify against one of the parties may be deemed an adverse witness.

Legal Terms Similar to Adverse Witness

  1. Hostile witness: A witness who is openly antagonistic to the party who called them to testify.
  2. Unfavorable witness: A witness whose testimony is expected to be harmful to the party who called them to testify.
  3. Contrary witness: A witness who provides testimony that contradicts the testimony of the party who called them to testify.