compellable


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compellable

in the law of evidence, applied to a witness required to come to court and to testify. The general rule is that a competent witness is compellable. The sovereign and certain diplomats are competent but not compellable. Parliamentary privilege probably has the same effect as regards Members of Parliament. Jurors are not compellable in regard to the discussions in the jury room. Parties, their spouses and their lawyers are compellable in civil cases. The rules in regard to criminal matters vary from jurisdiction to jurisdiction, but the accused is not a competent witness if tried alone. If the accused gives evidence for the defence, he loses the privilege against self-incrimination in respect of the offence charged. Spouses are generally not compellable.
References in periodicals archive ?
In this land of equal liberty, shall forty odd thousand in one place be compellable to do justice, and yet fifty odd thousand in another place be privileged to do justice only as they may think proper?
person who will in due course be compellable to give that information
In a criminal case a spouse shall not be competent to give evidence against the other spouse or compellable to give evidence against a person accused jointly with the other spouse in the same indictment.
32) If the witness attends the examination without having been served with a subpoena, he or she is regarded as having waived the requirement and is then compellable.