(a) The credibility of a witness may be attacked by any party, including the party calling the
witness.
Rule 238.Impeachment of Witnesses; Hostile Witnesses
Article II. Rules on Civil Proceedings in the Trial Court · Part F. Trials · Last amended 2001 · Last verified July 20, 2026
In one sentenceRule 238 lets any party, including the one who called the witness, attack that witness’s credibility, and lets a hostile or unwilling witness be questioned as if on cross-examination.
Full Text of Ill. S. Ct. R. 238
(b) If the court determines that a witness is hostile or unwilling, the witness may be examined
by the party calling the witness as if under cross-examination.
Plain-English Summary
Rule 238 removes an old restriction that kept a party from challenging the credibility of its own witness. Under this rule, any party can attack any witness’s believability, whether or not that party is the one who put the witness on the stand.
The rule also deals with an uncooperative witness. If the court finds a witness hostile or unwilling, the party who called that witness can question them the way a lawyer would question an opposing witness on cross-examination, using leading questions rather than the open-ended questions used on direct.
Frequently Asked Questions
Can a party impeach its own witness under Rule 238?
Yes, the rule lets any party attack a witness’s credibility, including the party that called the witness.
What does it mean to treat a witness as hostile?
The court finds the witness is hostile or unwilling, letting the calling party question the witness as if on cross-examination.
What changes when a witness is treated as hostile?
The calling party can use leading questions, the kind normally reserved for cross-examining an opposing witness.
Who decides whether a witness is hostile?
The trial court makes that determination before allowing cross-examination-style questioning.
Did courts always allow a party to impeach its own witness?
No, older practice barred it; Rule 238 does away with that restriction.
Amendment History
Amended February 19, 1982, effective April 1, 1982; amended April 11, 2001, effective immediately.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as: impeaching your own witnesshostile witness examinationleading questions on directattacking witness credibility