What is the consequence of a hostile witness during examination?

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A hostile witness is one who exhibits antagonism or is uncooperative during their testimony. The presence of hostility can prevent the witness from providing clear and truthful responses, which can significantly impact the litigation process. When a witness is deemed hostile, the opposing party is allowed to cross-examine them. This cross-examination is generally more aggressive and can include leading questions, which are typically not permitted in direct examination. The goal is to extract relevant information and clarify any inconsistencies or unhelpful responses.

Cross-examination of a hostile witness is a strategic move that allows the attorney to challenge the testimony and elicit more useful information. This is particularly crucial in cases where the witness’s credibility may be questionable or where their testimony is not aligned with the party's case. Consequently, allowing cross-examination serves to support justice by ensuring all relevant facts can be presented, even if a witness is reluctant to provide them voluntarily.

The other choices do not accurately reflect the legal principles surrounding a hostile witness, as the witness is not exempt from questioning, cannot only respond to direct questions, and cannot simply be dismissed without a proper legal basis.

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