The phrase "adverse witness" refers to a witness who provides testimony that is against the interests of the party that called them to the stand. In terms of pronunciation, "adverse" is spelled /ˈæd.vɜːs/ using the International Phonetic Alphabet (IPA). This indicates that the first syllable is pronounced with a short "a" sound, followed by a "v" sound and a stressed "er" sound. The second word, "witness," is spelled /ˈwɪt.nəs/ in IPA, with the stress on the first syllable and a short "i" sound.
An adverse witness is an individual called to testify in a legal proceeding whose testimony is expected to be unfavorable or hostile to the party that called them to the stand. Also known as an "hostile witness," an adverse witness is typically called by the opposing party to present evidence that contradicts the testimony or supports the case of the opposing party. The purpose of calling an adverse witness is to challenge, discredit, or counter the testimony of the witness and weaken the opposing party's case.
An adverse witness may be someone who holds a bias or opposition towards the party that called them, or someone whose testimony is inconsistent or contradictory to their previous statements. This witness may be compelled to appear in court through a subpoena or voluntarily summoned, depending on the circumstances.
During the examination of an adverse witness, the opposing party's attorney is allowed to ask leading questions to elicit specific answers, intending to expose contradictions, inconsistencies, or ulterior motives, if any.
While an adverse witness tends to give testimonies that do not align with the interests of the party that called them, it is important to note that their testimony can still be subject to cross-examination by the opposing party's attorney, during which they can challenge or attempt to discredit the witness's account to protect their interests.
The word "adverse" in the phrase "adverse witness" comes from the Latin word "adversus", which means "opposite" or "against". The term "witness" is derived from the Old English word "witnes", which means "knowledge, testimony, or observation". When combined, "adverse witness" refers to a witness called by one party in a legal proceeding who is expected to provide testimony against that party's interests.