The UI process, especially the hearing, gives you free discovery and may help you to gain valuable admissions under oath from an ill-prepared worker or other adverse witness
A hostile witness is described as an adverse witness
or an unfavorable witness whose testimony is either openly antagonistic or appears to be contrary to that of the party which called him or her.
After Ballard was convicted on three counts of bank fraud, his attorney obtained a previously undisclosed audio recording of an adverse witness
in Ballard's trial, made during the course of a prior, unrelated criminal investigation.
Those to be sued under Napoles' testimony will just be too happy to have her as an adverse witness
because they can easily destroy her credibility,' he said.
It details common strategies for the deposition of an adverse witness
, for obtaining complete information; encouraging deponents to provide the desired answer; responding to incomplete, evasive, or non-responsive answers; undermining harmful testimony; and responding to inconsistent or implausible statements; as well as how to respond to objections, instructions not to answer, and obstructionist behavior of opposing counsel.
"Mike" Mullen asking that Charlene Lamb not be called before the House Benghazi committee because she was an adverse witness
? The Register-Guard and the liberal media brushed it aside.
or adverse witness
, and no opportunity whatsoever to obtain the sworn
For example, if you can get an adverse witness
to state that his or her opinion was based on a particular assumption, and your own witness is prepared to explain why the assumption is wrong, you probably do not want to ask the adverse witness
to admit that his or her opinion must be changed.
Craft questions throughout discovery that will fully elicit the adverse witness
's knowledge on those important issues before trial and especially during depositions, always with an eye to use at a later proceeding.
Whereas although administrative adjudicatory proceedings are given the legitimacy of judicial tribunals, they do not utilize juries of one's peers to try the facts of the cases; they employ an intolerably low standard of admissibility in the presentation of the government's evidence, often so low as to deny the individual the right to cross-examine any adverse witness
at all; and
(47) Pointer therefore claimed that when the court admitted the testimony, it denied him his constitutional right to confront the adverse witness
. (48) The Texas Court of Criminal Appeals disagreed and upheld Pointer's conviction, concluding that the prosecution's use of the witness's transcript from the preliminary hearing did not violate Pointer's Sixth and Fourteenth Amendment rights.
Lee, who, as a defendant, testified as an "adverse witness
" under The Illinois Code of Civil Procedure.