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Legal Definitions - turncoat witness

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Definition of turncoat witness

A turncoat witness is a person called by one party in a lawsuit (like the plaintiff, prosecutor, or defendant) to provide testimony that is expected to support their case. However, once on the witness stand, this individual unexpectedly changes their story, contradicts previous statements, or becomes uncooperative, thereby undermining the very party who called them.

Here are some examples to illustrate this concept:

  • Scenario 1: A Business Contract Dispute

    Imagine a small business, "InnovateTech," sues a supplier, "Global Parts," for failing to deliver critical components on time, causing significant financial losses. InnovateTech calls their former logistics manager, Mr. Henderson, as a witness. Mr. Henderson had previously provided a sworn statement confirming that Global Parts repeatedly missed deadlines and that InnovateTech had sent numerous complaints. However, during his testimony in court, Mr. Henderson suddenly claims that InnovateTech's internal processes were actually the cause of the delays, not Global Parts. In this situation, Mr. Henderson becomes a turncoat witness for InnovateTech because his testimony unexpectedly harms their case rather than supporting it.

  • Scenario 2: A Criminal Assault Trial

    In a criminal trial for assault, the prosecution calls a witness, Ms. Rodriguez, who initially told police that she saw the defendant initiate the fight and throw the first punch. The prosecution expects her to repeat this crucial eyewitness account. Yet, when questioned on the stand, Ms. Rodriguez states that she was "too far away to see clearly" or that "it looked like both parties were equally aggressive," directly contradicting her earlier statement to law enforcement. Ms. Rodriguez's unexpected change in testimony makes her a turncoat witness for the prosecution, as she is no longer providing the anticipated favorable evidence.

  • Scenario 3: A Personal Injury Claim

    Consider a personal injury lawsuit where a driver, Ms. Chen, is suing another driver for negligence after a car accident. Ms. Chen's legal team calls a passenger who was in the other driver's car at the time of the accident, expecting them to testify that the other driver was distracted by their phone. This passenger had previously told Ms. Chen's investigator that they saw the other driver texting just before the collision. However, during cross-examination by the defense, the passenger states they "can't recall if the driver was on their phone" or even suggests that Ms. Chen might have been speeding. This shift makes the passenger a turncoat witness for Ms. Chen, as their testimony has unexpectedly become unhelpful or even damaging to her claim.

Simple Definition

A turncoat witness is someone a party calls to testify favorably, but who then becomes hostile during the trial, changing their testimony to be unfavorable or inconsistent with prior statements. When this occurs, the party who called the witness is permitted by evidentiary rules to challenge that witness's credibility.