An adverse party is an opposing party in a lawsuit under an adversary system of law. In general, an adverse party is a party against whom judgment is sought or "a party interested in sustaining a judgment or decree."[1] For example, the adverse party for a defendant is the plaintiff.[2]

Adverse party's witnesses

A witness called on behalf of an adverse party is usually an adverse witness.[3] In general, the examination of an adverse party's witness may include leading questions and follows the rules of cross examination.[4]

See also

References

  1. ^ Black's Law Dictionary, Adverse Party 53 (6th Ed. 1990).
  2. ^ See, e.g. Metropolitan Life Ins. Co. v. Jackson, 178 F.Supp. 361 (E.D. Penn. 1959) (discussing how pleadings technically put plaintiffs and defendants in adverse positions).
  3. ^ Black's Law Dictionary, Adverse Witness 53-54 (6th Ed. 1990).
  4. ^ See, e.g., Kenneth E. O'Brien, Cross-Examination of Counsel's Own Witness Initially Examined by Opponent under Adverse Witness Statute Archived 2016-11-03 at the Wayback Machine, 20 Mont. L. Rev. 109 (1958).
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