What is the function of a hostile witness in cross-examination, and how should their testimony be treated?

• A. They are friendly; avoid leading questions
• B. They are adverse; use leading questions to control and highlight inconsistencies or bias
• C. They must be treated with extra courtesy
• D. They are neutral; cross-examination not required

Answer: (B)

In cross-examination, a hostile (adverse) witness is someone whose testimony tends to hurt your case, so the goal is to challenge their credibility, accuracy, and motives. The best way to do that is to use leading questions—questions that suggest the answer and help you steer the testimony. This allows you to control the flow of who says what, push for precise responses, and bring out contradictions between their statements and prior statements or other evidence. It also makes it easier to reveal bias or interest that could color what they testify to. You may also use prior statements to impeach them if their on-the-stand testimony conflicts with what they already said.

This fits because a hostile witness is not treated with friendliness or courtesy as if they were simply a neutral observer, and cross-examination is the primary tool for testing testimony once a witness’s alignment is adverse. The other ideas imply friendliness, courtesy, neutrality, or no need for cross-examination, which don’t capture how a party screens and challenges adverse testimony.