Can a witness be cross-examined for personal ill will?

California, United States of America


The following excerpt is from Eye v. Kafer, Inc., 20 Cal.Rptr. 841, 202 Cal.App.2d 449 (Cal. App. 1962):

"'Personal ill will on the part of a witness toward a party [emphasis added] to the action,' says the South Dakota court in a well-considered opinion (Richardson v. Gage, 28 S.D. 390 [133 N.W. 692] * * *), 'is evidence of bias which may affect credibility, and the right to elicit the fact on cross-examination may not often be denied without an abuse of discretion which would be deemed prejudicial to the litigant [emphasis added] * * * In such cases, the proper scope for the exercise of discretion by the trial court is in limiting the cross-examination to a disclosure of such facts only as may show the existence of hostility, and rejecting any matters which might be pertinent only to a justification of hostility on the part of the witness, for it is the existence of the feeling which is material, and not the right or wrong in the transaction which occasions it."'

At page 1161 it continues as follows:

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