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 ?
The Supreme Court has also considered discovery issues under the Compulsory Process Clause.
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.
The insubstantial weight of these factors, even with the factor of the availability of compulsory process counted in favor of the foreign forum, alone does not justify a finding that the plaintiffs' claims should be dismissed on forum non conveniens grounds.
and the Compulsory Process Clause of the Sixth Amendment, the right to
appeals has issued compulsory process pursuant to the SCA.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have beech committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense
The petition faulted FTC's use of compulsory process, including access letters and civil investigative demands as the primary enforcement mechanism where the advertising content is only potentially misleading.
However, they may not voluntarily, or through discovery or compulsory process, disclose any information regarding the arbitration process.
Although most courts to consider this question have not found lack of discovery to have constitutional implications, discovery of this data is crucial to protect defendants' rights under the Compulsory Process, Confrontation, and Due Process Clauses.
The Sixth Amendment provides: "In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
We also recommend that compulsory process be focused on industry segments drawn as narrowly as the nature of the inquiry permits, in order to minimize any potential burdens on business.