Legal Definitions - swift witness

A swift witness (also sometimes referred to as a zealous witness) is a term used to describe a person who testifies in court and appears to be noticeably biased in favor of the party who called them to the stand. Instead of simply providing factual information in a neutral manner, a swift witness seems overly eager to support that side's case, often going beyond the scope of the questions asked to offer additional details, opinions, or interpretations that clearly benefit the party they are testifying for. This eagerness can suggest a lack of objectivity and may be noted by the judge or jury.

• Example 1: Personal Injury Lawsuit

  Imagine a car accident case where a pedestrian who witnessed the collision is called to testify by the injured driver (the plaintiff). Instead of merely describing what they saw, the witness repeatedly emphasizes how reckless the *other* driver was, volunteers details about the plaintiff's suffering that were not specifically asked, and expresses strong opinions about who was at fault, even when not prompted. The witness might also interrupt the questioning attorney to add more points beneficial to the plaintiff.

  This illustrates a swift witness because the pedestrian is showing clear partiality towards the plaintiff and an eagerness to bolster their case beyond simply recounting observations.

• Example 2: Employment Discrimination Case

  In a lawsuit alleging workplace discrimination, a current manager is called to testify by the company being sued. During their testimony, the manager not only confirms company policies but also volunteers numerous positive anecdotes about the company culture, downplays any negative aspects of the plaintiff's performance, and offers unsolicited opinions about the plaintiff's lack of commitment, all in an effort to strengthen the company's defense.

  Here, the manager acts as a swift witness by demonstrating a clear bias towards the company and an eagerness to present information in a way that strongly supports their legal position, rather than offering a neutral account.

• Example 3: Business Contract Dispute

  Consider a dispute between two companies over a failed business contract. A consultant, who was initially hired by Company A to advise on the project, is called to testify by Company A. The consultant not only confirms the terms of the contract but also goes on to explain at length why Company B's actions were a clear breach, offering interpretations of complex clauses that strongly favor Company A's position, and even suggesting Company B acted in bad faith, without being specifically asked for such detailed interpretations or opinions.

  This scenario shows the consultant acting as a swift witness due to their evident partiality towards Company A and their eagerness to strengthen Company A's argument by offering unsolicited, favorable interpretations and opinions.