Lerman v. Lerman

KRAFTE, J.S.C.

Under what circumstances may an adverse party in a matrimonial action be called as a witness and to what extent shall that testimony be binding? This court holds not only that an adverse party may be called as a witness, but that such witness shall be deemed “hostile per se,” thus triggering all concomitant means of examination permissible under the law.

In lay terms, “hostile” is “of or pertaining to an enemy; antagonistic.” The American Heritage Dictionary 624 (2 Coll, ed. 1985). A witness is hostile or adverse when there is a manifestation of “so much hostility or prejudice…