compellable


Also found in: Dictionary, Thesaurus, Idioms, Encyclopedia.

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 ?
The defence must bring a written application accompanied by detailed particulars; the complainant is not a compellable witness on such an application.
(128) The purpose of the Militia Act of 1862 was making men drafted under it "compellable to serve." (129)
"The legal advice we got is that there is possibly about a half an hour of that night is not accessible to the inquiry team but all the information that led up to that and was used on that night that influenced that decision and led to that decision is compellable to the inquiry."
Section 80(3)(a) of the Police and Criminal Evidence Act of 1984 provides that a wife is competent and compellable to give evidence against her husband.
23, 1794), reprinted in 5 THE DOCUMENTARY HISTORY, supra note 118, at 618, 618 (calling on the state's senators and representatives to procure "such amendments in the Constitution of the United States, as to prevent the possibility of a construction which may justify a decision that a State is compellable to the suit of an individual or individuals in the Courts of the United States"); Resolution of North Carolina General Assembly (Jan.
person who will in due course be compellable to give that information
See Evidence Ordinance (New Version), 5731-1971, 2 LSI NV 198 (1972) [section]3 (Isr.) ("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.").