Ill. Admin. Code tit. 38, § 1050.1720 - Hostile Witnesses

Current through Register Vol. 46, No. 15, April 8, 2022

a) If the hearing officer determines that a witness is hostile or unwilling, the witness may be examined by the party calling the witness as if under cross-examination.
b) The party calling the witness, upon the showing that the party called the witness in good faith and is surprised by the witness' testimony, may impeach the witness by proof of prior inconsistent statements.
c) The hearing officer shall declare a witness hostile if:
1) the witness is compelled to appear by subpoena;
2) the witness is called by the opposing party; or
3) the witness's demeanor and actions are uncooperative or unresponsive.

Notes

Ill. Admin. Code tit. 38, § 1050.1720

Amended at 29 Ill. Reg. 14808, effective September 26, 2005

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