Section 9.21 Adverse or Hostile Witness

• Library: Civil Trial Practice 2015 Supp

2. (§9.21) Adverse or Hostile Witness

There may be very sound tactical reasons for calling an adverse party as a witness. Under § 491.030, RSMo 2000, any party may compel an adverse party to testify as a witness and examine the witness under the rules relating to cross-examination rather than direct examination. Before Wells v. Goforth, 443 S.W.2d 155 (Mo. banc 1969), it was believed that a party could not directly impeach the testimony of a witness he or she had called, even if that witness was an adverse party. Since Wells, trial counsel...