Legal Definitions - swearing match

A swearing match describes a legal situation where two witnesses provide directly contradictory testimonies about a crucial fact, and there is no other independent evidence available to help determine which account is true. In such a case, the judge or jury (known as the "fact-finder") must decide which witness is more believable or credible to resolve the dispute. This term is also sometimes referred to as a swearing contest or oath against an oath.

• Imagine a small claims court case where a homeowner sues a contractor, claiming the contractor verbally promised to use a specific, higher-quality material for a renovation project. The contractor, however, testifies that no such promise was ever made and that the standard material was agreed upon. There is no written contract detailing the material, no emails, no text messages, and no other witnesses to the conversation. The judge is faced with a swearing match: the homeowner's word against the contractor's word, with no other evidence to support either claim. The judge must assess the credibility of both parties to decide the outcome.

• Consider a criminal trial for a minor altercation where the alleged victim testifies that the defendant initiated a physical confrontation by pushing them. The defendant, taking the stand, vehemently denies pushing the victim and claims they were merely defending themselves after being verbally provoked. There were no surveillance cameras in the area, no other bystanders witnessed the event, and no significant physical injuries or forensic evidence exist. This scenario presents a classic swearing match, as the jury must weigh the victim's testimony directly against the defendant's denial to determine what truly happened.

• In a dispute over a car accident, two drivers provide conflicting accounts of who had the green light at an intersection. Driver A testifies they clearly had the green light, while Driver B insists they were the one with the right-of-way. There are no independent witnesses, no dashcam footage from either vehicle, and no traffic camera recordings available. The court is left with a swearing match, requiring the judge to evaluate the credibility of each driver's testimony to determine fault for the collision.