History Main / SurpriseWitness

* [[Creator/DetsniyOffSkiword Dahlia Hawthorne Escaps From Pirson]] naturally has these, being an Ace Attorney fanfic.
** In the 4th chapter, we see [[spoiler:the victim's spirit get channelled, so that she can testify, and prosecute.]] Later on, we even see [[spoiler:the defendant appear as a surprise witness to his own trial, where he proves that the person on trial is an imposter.]]
** The 6th chapter uses the trial system of [[VideoGame/ProfessorLaytonVsAceAttorney the Layton crossover]], which naturally lends itself to this trope. [[spoiler:Oldbag shows up to reveal another crime by the defendant. Then Franziska arrives to add a bit of extra testimony in relation to the identity theft from the 4th chapter, putting the final nail in the coffin.]]

[[folder:Film]]

* In ''Film/MyCousinVinny'' the District Attorney introduces a surprise witness, an FBI analyst. Vinny, having studied very hard to make up for his inexperience, points out that the prosecution in US criminal cases is not permitted to introduce a surprise witness, therefore he should be permitted time to investigate the witness (the judge applauds his erudite and well-reasoned objection, then overrules it, allowing the witness to testify). However, the [[spoiler:real surprise witness of the movie is his fiancee, who proves that the car driven by the defendants couldn't have made the tire tracks of the murderers' car]].
* Subverted in ''Film/AFewGoodMen'' when Kafee points out two airmen who he implies would prove that part of Jessep's testimony was a lie. After he pulls a [[ThePerryMasonMethod Perry Mason]] and gets Jessup into a MotiveRant, he admits to the prosecutor that it was a con, and the "surprise witnesses" [[BluffingTheMurderer wouldn't have been able to prove a thing]].

* In the ''Franchise/StarWarsLegends'' novel ''[[Literature/XWingSeries The Krytos Trap]]'', a well-known X-Wing pilot was put on trial a few years after ''Return of the Jedi'' for the murder of a squadmate and turning traitor to the government. At the end of the trial, with a guilty verdict hanging over his head, the "dead" squadmate walks right in and blows the prosecution out of the water in all of five minutes, coincidentally having picked up the proof that the pilot wasn't a traitor (and having figured out the identity of the real traitor as a result) on his way back from the dead.
** In fact, that was the second surprise witness, after an Imperial agent defects with proof that the defendant is innocent but is [[HisNameIs shot before reaching the courthouse]]. Both are handled as realistically as possible under the circumstances: the defense does properly report the first new witness as soon as they know about it (rather than springing the surprise in the courtroom as is usual for the trope), and the second witness is a surprise to ''everyone'' except for one R2 unit who is there--and it's less a case of withholding information and more a case of the interpreting 3PO unit [[CassandraTruth not believing the R2 unit]]. (Which, under the circumstances, is quite understandable; the person in question is supposed to be ''dead''.)

* Totally and almost sadistically subverted in ''Literature/TheBrothersKaramazov''. [[spoiler:During the trial, a sick and borderline insane Ivan tries to save his elder brother Mitya by revealing who the real murderer is, but a)No-one believes him, b)He finally snaps and loses his grip on reality, and c)His testimony prompts another witness to produce an apparently incriminating clue against Mitya, pretty much hammering the last nail in the coffin of the case]].
* In Creator/DanAbnett's TabletopGame/{{Warhammer 40000}} ''Literature/GauntsGhosts'' novel ''The Guns of Tanith'', Commissar Viktor Hark intervenes in the trial of Trooper Caffran at the last minute, bringing in a surprise witness who absolves him of the rape/murder he's being charged for. [[spoiler: Colonel-Commissar Gaunt then correctly deduces that the witness in question was a false witness Hark had prepared specifically to get Caffran off the hook to keep morale up in the regiment.]]
** Gaunt himself then has to dredge up evidence to prove that there is reasonable doubt in the case of the person who actually did commit the crime in order to get him off and prevent a split in the regiment.
* Miles Vorkosigan is a Surprise Witness at ''his own'' trial (it's complicated) in Creator/LoisMcMasterBujold's ''Literature/TheWarriorsApprentice''.
* In Creator/DorothyLSayers' ''Clouds of Witness'', they are prepared to produce a Surprise Witness. Unfortunately, since it's an alibi by a woman he was having an affair with, it would be embarrassing all around, dangerous to the woman, whose husband is [[GreenEyedMonster jealous]], and prove the prosecution with a motive, since if the dead man knew it would be reason to silence him. Fortunately, Literature/LordPeterWimsey manages to produce a SmokingGun instead.
* The entire premise of Agatha Christie's ''Film/WitnessForTheProsecution'', later turned into a play & a film.
* In Irving Wallace's ''The Seven Minutes'' a publisher has been taken to trial for publishing a book (of the same name) which is allegedly pornographic. The trial revolves around whether the absent author (believed by hearsay to be dead, and insane when he wrote it) intended the book as a work of pornography or as a work of art. The prosecution favours the former, but is utterly torpedoed when a prominent witness for the defence turns out to be the author (who had published the book under a pseudonym). In this case, it is the identity and not the actual presence of the witness which is the surprise.
* In the Creator/SidneySheldon novel ''Nothing Last Forever'', doctor Paige is on trial for killing a rich man who left her his fortune. The D.A. calls her SadistTeacher boss who had suffered a stroke, the judge overruling the defense's objections. The D.A. smugly tells the doctor to relate his feelings on Paige...and the doctor proceeds to rip into this entire trial as a farce as Paige is one of the best doctor he ever taught and was only hard on her to make her better. He adds that she had no idea the guy was leaving her his money and for that matter, his death wasn't even her fault. The D.A. is stunned as the judge orders the charges dismissed while chastising him on how [[HoistByHisOwnPetard his own surprise witness just ruined his case]].
-->'''Judge''': Let me give you a piece of advice you should have learned in law school. ''Never'' call a witness unless you know ''exactly'' what they're going to say.

* ''Literature/ErrorOfJudgment'': A resident who (like Craig) exposed Prince at his last hospital is found and brought before the board of inquiry just as they were about to render a judgment in Prince's favor, and fire Craig.

* ''Superior Court'' and ''The Judge'': See ''Divorce Court'' for trope usage in these late 1980s courtroom dramas.
* These occasionally annoy the cast of ''Shark''.

* In ''Series/{{Battlestar Galactica|2003}}'', Romo Lampkin puts his "associate," Lee Adama, on the stand during the trial of Gaius Baltar, ostensibly as part of his motion for a mistrial; Lee had heard his father, one of the judges on the tribunal, call Baltar a "traitor" unworthy of a trial. [[spoiler:However, Lee decides that he can go ''too'' far in his [[ChildSupplantsParent little war against his father]], and refuses to directly testify about his father's statement. This still leaves the door open for Lampkin to ask other questions, resulting in a speech on the part of Lee that resulted in Baltar's acquittal]]. Probably justified by the fact that Lampkin was the only one who knew anything about law in the courtroom, and more than happy to fudge the rules a little.
-->'''Judge:''' This is highly unusual--
-->'''Lampkin:''' I can list half a dozen precedents off the top of my head.

* ''Series/{{Heroes}}'' episode "Pass/Fail":
-->'''Ando Masahashi''': The defense calls Hiro Nakamura to the stand.\\
'''Hiro Nakamura''': Don't you watch ''Franchise/LawAndOrder''? That '''always''' backfires!
* The ''Series/FrenchAndSaunders'' [[https://www.youtube.com/watch?v=EIeAsOpavzE&feature=youtu.be sketch]] in which their backing band, Roland Rivron and Simon Brint, [[ImagineSpot imagine]] suing Ralph [=McTell=] for publishing an "easy" guitar book without those little diagrams that show you where to put your fingers on the fretboard. Their surprise witnesses are [[Music/DireStraits Mark Knopfler]], [[Music/{{Motorhead}} Lemmy]], [[Music/PinkFloyd David Gilmour]], [[Music/{{Level42}} Mark King]], and [[Music/ThinLizzy Gary Moore]]; all of whom are utterly unable to play their own signature pieces based on the book.
-->'''Rivron''': I'd like to call to the stand another ''very'' surprising witness...

* During the last season of ''Series/TheFactsOfLife'', Blair went to law school. Her first court case was a murder trial where she later realized that the "victim" was only faking her death to frame the defendant. Her solution: have Tootie show up disguised as the "victim" and appear to go deliver a testimony to prompt her co-conspirator to [[SayingTooMuch say something stupid]]. It works. [[spoiler: Then, it's revealed that Tootie was unable to make it and is not the woman in disguise. After a few confusing seconds, the woman reveals herself to be Beverly.]]
* ''Series/BetterCallSaul'' has Jimmy using Huell as a surprise witness. However Jimmy did write his name in the list of witnesses, he just didn't elaborate what his testimony would be about. [[spoiler: Huell planted a battery on Jimmy's electro-sensitive brother Chuck for almost an hour and Chuck felt nothing, proving that Chuck's sickness is mental despite what he claims and cause him to blow his whole case against Jimmy in a rant]].

--> '''BAAAAAAAAAAAAAAAAAAAABE!'''

*** [[spoiler:Emeer Punchenbaug]] manages to be the surprise witness in ''two separate unrelated cases.'' He also manages to be a surprise witness in a case ''he already testified in!''

* If you give Marcus Bishop's dagger at the end of act 1 of ''VideoGame/NeverwinterNights2'', he becomes one in your defense during the trial in act 2.

* ''WesternAnimation/TheSimpsons'':
** In "Bart the Murderer", Bart ends up on trial for suspected murder of Principal Skinner. The "deceased" Skinner eventually barges into the courtroom and gives a testimony about where he was to clear Bart's name. [[AmoralAttorney The prosecution then actually requests for the testimony to get stricken from the record,]] which the Judge naturally denies.
** In another episode Lionel Hutz promised Homer "surprise witnesses, each more surprising than the last. I tell ya, the judge won't know what hit him."
** In yet another Hutz stalls for time and brings out all his surprise witnesses again. The crowd groans, and we see that the witnesses are a man with a dummy, Santa Claus with a broken leg on crutches, John Swartzwelder (Simpsons writer), Ralph Wiggum and the [=McCrary=] twins on their motorcycles.
** In yet another another episode, Bart *is* the surprise witness as only he could clear Mayor Quimby's nephew, but he would have to admit to cutting class to do so. The judge even [[LampshadeHanging lampshades]] this: "Although re-opening a trial at this point is illegal and ''grossly'' unconstitutional, I just can't say no to kids."
* ''WesternAnimation/FamilyGuy'':
** Though not actually called as a witness, Peter is on trial for murdering Lois, and is about to be found guilty, when the trial is interrupted -- by Lois.
** In another episode, Peter called out "The Ghost Who Never Lies" to testify on his behalf, and claimed only he could hear or see it. The judge allowed it. And the ghost accused Peter.

* In an episode of ''WesternAnimation/{{Gargoyles}}'', Goliath is on trial in a human court for knocking over a jewelry store. He finds the real killer and arranges an [[EngineeredPublicConfession Engineered Tape-Recorded Confession]], then brings it to court at the last minute. The trope is {{lampshaded}} by Goliath, who says that he knows it's not being admitted according to "your rules," but that he knows that the judge is trying to be fair. He gets off.

** Like the ''Star Wars'' example, the "deceased" Skinner barges into the courtroom to clear Bart's name.

* In ''Series/{{Battlestar Galactica|2003}}'', Romo Lampkin puts his "associate," Lee Adama, on the stand during the trial of Gaius Baltar, ostensibly as part of his motion for a mistrial; Lee had heard his father, one of the judges on the tribunal, call Baltar a "traitor" unworthy of a trial. [[spoiler:However, Lee decides that he can go ''too'' far in his [[OedipusComplex little war against his father]], and refuses to directly testify about his father's statement. This still leaves the door open for Lampkin to ask other questions, resulting in a speech on the part of Lee that resulted in Baltar's acquittal]]. Probably justified by the fact that Lampkin was the only one who knew anything about law in the courtroom, and more than happy to fudge the rules a little.

* Subverted in the Trial episode of ''WesternAnimation/AvatarTheLastAirbender''. When Aang is accused by a small town of murdering their king in a past life, Sokka and Katara gather large amounts of evidence to prove his innocence, but they mean nothing in this town's KangarooCourt. In the end, Katara attempts to get Avatar Kyoshi to manifest herself through Aang in the hope that she will prove the Avatar's innocence towards the murder of their king. Kyoshi did appear, but...

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[[folder:Webcomics]]
* In the 2015 Free Comic Book Day ''ComicBook/AtomicRobo'' update, Dr Dinosaur attempts to call a surprise witness who is [[SuspiciouslySpecificDenial absolutely not a genetically engineered super monster]]. Robo's lawyer objects on grounds that the defence is supposed to be appraised of all witnesses, and the judge tells Dr Dinosaur that he is to follow proper procedure or be held in contempt. [[spoiler:Then it turns out the surprise witness is a genetically engineered super monster after all.]]

[[folder: Real Life ]]

* During the trial against the creators of The Pirate Bay, the prosecution pulled in a surprise witness... and was chewed out by the court ''and'' the press for trying to pull "some kind of Perry Mason crap", which in some countries and states is illegal for the prosecution to do.

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* ''WesternAnimation/JusticeLeagueUnlimited'': John Stewart, the Green Lantern of that League's incarnation, was accused of blowing up a planet and killing its inhabitants. While the rest of the League investigated, the Flash was left behind to stall the trial. (The {{Irony}} wasn't lost on him) Flash then introduced Kilowag (another Lantern) as a "surprise witness". When asked which sort of witness he was, Flash came with a joke about Kilowag's size.

* ''TheSimpsons'': Like the ''Star Wars'' example, the "deceased" Skinner barges into the courtroom to clear Bart's name.

* In the Creator/SidneySheldon novel ''Nothing Last Forever'', doctor Paige is on trial for killing a rich man who left her his fortune. The D.A. calls her TeacherFromHell boss who had suffered a stroke, the judge overruling the defense's objections. The D.A. smugly tells the doctor to relate his feelings on Paige...and the doctor proceeds to rip into this entire trial as a farce as Paige is one of the best doctor he ever taught and was only hard on her to make her better. He adds that she had no idea the guy was leaving her his money and for that matter, his death wasn't even her fault. The D.A. is stunned as the judge orders the charges dismissed while chastising him on how [[HoistByHisOwnPetard his own surprise witness just ruined his case]].

* Parodied in ''Series/MontyPythonsFlyingCircus'' [[https://www.youtube.com/watch?v=dLplQWB2S_8 episode 3]] (along with several other CourtroomAntics), in which a barrister first calls a Mrs. Fiona Lewis, who babbles incessantly and incoherently. This is followed by "the late Arthur Aldridge", who is in a coffin and [[AlmostDeadGuy may or may not be dead]]), and then UsefulNotes/CardinalRichelieu (as a character witness), who upon cross-examination is quickly exposed as a professional impersonator based on the obvious fact that Cardinal Richelieu has been dead for over 400 years.

* The climax of the trial in ''Film/AnatomyOfAMurder'' occurs when the defense attorney, after a moment's leave of absence, returns bringing in Mary Pilant, who had earlier disbelieved that the defendant's wife had been raped by the victim but now realizes the significance of a torn pair of panties she had found in the laundry chute.

*** In the 4th case, Athena finds evidence pointing to someone named [[spoiler:Owen]]. She makes it her mission to bring this person to the stand, even though no one seems to have heard of anyone by that name. [[spoiler:The witness currently on the stand has multiple split personalities and one of them is Owen.]] Sure enough, this person's testimony blows the whole case wide open.