Compulsory Process


Also found in: Dictionary, Thesaurus, Wikipedia.

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.
I, [section] 16 "In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed.
The power of compulsory process in the military court system is contained in Articles 46, 47, and 48 of the UCMJ.
"The district court also weighed the availability of compulsory process in favor of Brazil.
right to compulsory process. (34) Counsel also controls decisions such
compulsory process for evidence in the control of public service
The commission voted in May to use a compulsory process for the homeowners study and is using that authority to compel responses from nine insurers: State Farm Mutual Automobile Insurance Co.; Allstate Corp.; Fire Insurance Exchange, a Farmers Group subsidiary; Nationwide Mutual Insurance Co.; Travelers Cos.; United Services Automobile Association; Liberty Mutual Holding Co.; Chubb Corp.; and American Family Mutual Insurance Co.
Anderson stated his requests, and the House granted him counsel, compulsory process for defense witnesses, and a copy, of the accusatory letter.
Sixth Amendment--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 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.
But when school officials took notice of a downtown parking lot and an adjacent space that altogether offered some 29,000-square-feet of promise, they decided to use eminent domain to acquire the land, a compulsory process that ultimately saw the owners of the property paid nearly $2 million by the Peralta Community College District board of trustees.
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

Full browser ?