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." For example, the adverse party for a defendant is the plaintiff.
Adverse party's witnesses
A witness called on behalf of an adverse party is usually an adverse witness. In general, the examination of an adverse party's witness may include leading questions and follows the rules of cross examination.
- Black's Law Dictionary, Adverse Party 53 (6th Ed. 1990).
- 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).
- Black's Law Dictionary, Adverse Witness 53-54 (6th Ed. 1990).
- See, e.g., Kenneth E. O'Brien, Cross-Examination of Counsel's Own Witness Initially Examined by Opponent under Adverse Witness Statute, 20 Mont. L. Rev. 109 (1958).