Upon the trial of any case any party thereto or any person for whose immediate benefit the action is prosecuted or defended, or the officers, directors, managing agents or foreman of any party to the action, may be called and examined as if under cross- examination at the instance of any adverse party. The party calling for the examination is not concluded thereby but may rebut the testimony thus given by countertestimony and may impeach the witness by proof of prior inconsistent statements.
2-1102.Examination of adverse party or agent.
Article II. Civil Practice · Part 11. Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets any party call an opposing party, or that party's officers, directors, managing agents, or foreman, to testify at trial as if on cross-examination, without being bound by that testimony.
Full Text of 735 ILCS 5/2-1102
Plain-English Summary
This section lets a party call the adverse party -- or a person for whose immediate benefit the action is prosecuted or defended, or the officers, directors, managing agents, or foreman of a party -- and examine them as if on cross-examination.
The calling party isn't bound by whatever the witness says. They may rebut the testimony with other evidence and impeach the witness with prior inconsistent statements, treating them as a hostile witness despite having called them.
The practical value: a plaintiff can pin down a corporate defendant's manager on the stand with leading questions, without first having to establish that the witness is adverse.
Frequently Asked Questions
Can I call the opposing party as my own witness at trial?
Yes, and you may examine them as if on cross-examination.
Am I bound by whatever an adverse witness says?
No. You may rebut the testimony with other evidence and impeach the witness using prior inconsistent statements.
Does this apply to corporate officers?
Yes. Officers, directors, managing agents, or the foreman of a party may be called and examined this way.
Who else can be examined this way besides the named party?
Anyone for whose immediate benefit the action is prosecuted or defended.
Does calling an adverse witness this way limit my ability to attack their credibility later?
No. Calling them for this kind of examination doesn't stop you from impeaching them.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: adverse witness examination illinoiscross examination of opposing party illinoishostile witness illinois civil trial