Define: Compellable Witness

A compellable witness is an individual who can be legally required to testify in a court proceeding or provide evidence related to a case. Generally, witnesses are considered compellable unless they have a legal privilege, such as attorney-client privilege or spousal privilege, that allows them to refuse to testify. Compellable witnesses may include individuals who have knowledge of relevant facts or events pertaining to the case, and they can be summoned to testify by a subpoena issued by the court. Refusal to comply with a subpoena or testify as a compellable witness can result in legal penalties, such as contempt of court charges. The ability to compel witness testimony is essential for ensuring the proper administration of justice and obtaining relevant evidence in legal proceedings.

Compellable witness In the law of evidence, a person is `compellable’ if he or she can be required to give evidence in court proceedings, even if unwilling. The question of compellability does not arise if a person is willing to give evidence, but that person must still be a Competent Witness for the party who wishes to call him or her.

There are no special rules concerning the compellability of children and persons of limited intellect although, of course, there are rules concerning the competence of such witnesses, and a witness that is not competent is never compellable.

There are a number rare and anomalous instances of non-compellability — for example, persons with diplomatic immunity are not compellable in any proceedings — but I don’t propose to deal with those here.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.