Compulsory Process


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Compulsory Process

The method employed by which a person wanted as a witness, or for some other purpose, in a civil or criminal action is forced to appear before the court hearing the proceeding.

Compulsory process encompasses not only a subpoena, which is a command to appear at a particular time and location to provide testimony upon a certain matter, but also a bench warrant, which is a written order commanding a law enforcement officer to seize the person named and bring that person into court.

The Sixth Amendment to the Constitution provides that the accused in criminal prosecutions shall have the right "to have compulsory process for obtaining witnesses in his favor."

References in periodicals archive ?
Congress granted the power to issue subpoenas duces tecum at an Article 32 by changing Article 47, UCMJ, the enforcement mechanism of compulsory process in the military.
Relying in part on the power of compulsory process contained in Article 46 of the UCMJ, the CAAF previously held in United States v.
and the Compulsory Process Clause of the Sixth Amendment, the right to
Historically, the rights protected by the Compulsory Process Clause of the Sixth Amendment(167) have not received as much attention as those guaranteed by the Due Process Clause.
Section 10 of the proposed procedure provides that "[t]he taxpayer and persons invited to participate by a taxpayer shall not voluntarily, or through discovery or compulsory process, disclose any information regarding the mediation process or any communication made during the mediation process, including the settlement terms, except as provided in 5 U.
Ruehle's Constitutional right to compulsory process and a fair trial.
This increase in activity encouraged the introduction of compulsory process for witnesses in the common law courts.
Letters rogatory, or diplomatic requests, constitute the method by which one country requests assistance from another where compliance by the requested country may require use of the foreign court's compulsory process.
The mediation process is confidential; thus, the mediator and all participants to the mediation cannot voluntarily, or through discovery or compulsory process, reveal any information regarding the mediation process or any communication made during such process, including the settlement terms.
If Danaher acquires at least 90% of the outstanding Vision shares, it intends to acquire the remaining Vision shares through a compulsory process under Australian law.
In the United States, mutual assistance refers to the act of obtaining evidence through another country's compulsory process (e.