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After-Acquired Evidence

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A witness in a trial who is found by the judge to be adverse to the position of the party whose attorney is questioning the witness, even though the attorney called the witness to testify on behalf of his/her client. when the attorney calling the witness finds that answers are contrary to the legal position of his/her client or the witness becomes openly antagonistic, the attorney may request the judge to declare the witness to be “adverse” or “hostile.” if the judge declares the witness to be adverse (i.e. hostile) then the attorney may ask “leading” questions which suggest answers or are challenging to the testimony just as on cross examination of a witness who has testified for the opposition.

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