A turncoat witness is a person who was initially expected to provide testimony that supports a particular party in a legal case but instead gives testimony that is unfavorable or adverse to that party. This shift in testimony can occur during a trial, leading to significant implications for the case. Turncoat witnesses may also be referred to as adverse witnesses or witnesses in opposition.
Turncoat witnesses are relevant in various areas of law, including criminal and civil cases. Their testimony can dramatically impact the outcome of a trial, as it may contradict the evidence or arguments presented by the party that called them. Legal practitioners must be prepared to address the challenges posed by such witnesses. Users can manage related legal documents and procedures through resources like US Legal Forms, which offers templates crafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: In a criminal trial, a defendant's former associate is called to testify about their alibi. Instead, the associate testifies that they witnessed the defendant committing the crime, thereby becoming a turncoat witness.
Example 2: In a civil lawsuit regarding a contract dispute, a key witness for the plaintiff unexpectedly states that the plaintiff had breached the contract, contradicting the plaintiff's claims (hypothetical example).
Examples of state differences (not exhaustive):
| State | Legal Context |
|---|---|
| California | Witnesses can be compelled to testify, but their credibility may be challenged if they change their testimony. |
| New York | Turncoat witnesses may face legal repercussions if they breach confidentiality agreements. |
| Texas | Adverse witnesses can be cross-examined rigorously to challenge their credibility. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Adverse witness | A witness whose testimony is unfavorable to the party that called them, often used interchangeably with turncoat witness. |
| Hostile witness | A witness who shows bias or hostility towards the party that called them, which may lead to adverse testimony. |
If you find yourself dealing with a turncoat witness, it is crucial to assess the impact of their testimony on your case. Consider the following steps:
In complex situations, seeking professional legal help is often necessary to navigate the implications of adverse testimony.
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A turncoat witness specifically refers to someone who was expected to testify in favor of a party but instead testifies against them, while an adverse witness may simply provide unfavorable testimony without the expectation of supporting the calling party.