Compellable refers to the ability to be compelled or forced to perform a certain action, particularly in the context of providing testimony in a court of law. For instance, if an individual’s spouse is accused of a crime, they cannot be compelled to give evidence against them.
Definition:
Compellable refers to the quality of being able to be forced or required to do something, particularly in the context of testifying in a court of law. For instance, in a criminal trial, it is typically not permissible for the prosecution to compel the defendant’s spouse to serve as a witness. This implies that the defendant’s spouse cannot be compelled to provide testimony against their partner in a court setting. The term “compellable” denotes the capacity to be compelled or forced to take a specific action, such as testifying. The provided example effectively demonstrates the usage of this term within a legal framework.
A compellable witness is someone who can be legally required to testify in court or provide evidence in a legal proceeding.
Generally, any person who has relevant information or evidence about a case can be considered a compellable witness.
In most cases, a compellable witness cannot refuse to testify unless they have a valid legal privilege, such as attorney-client privilege or the right against self-incrimination.
Yes, a compellable witness can be compelled to testify through a subpoena or a court order. Failure to comply with such orders can result in legal consequences.
Yes, a compellable witness can be compelled to testify in both civil and criminal cases, as long as their testimony is relevant to the case.
Yes, a compellable witness can be compelled to testify before a grand jury, which is a group of citizens who review evidence to determine if criminal charges should be filed.
Yes, a compellable witness can be compelled to testify in a deposition, which is a pre-trial oral examination conducted under oath.
While a witness’s fear of retaliation is understandable, it generally does not excuse them from their obligation to testify if they are compellable. However, there may be certain circumstances where a court can provide protective measures for the witness.
Yes, a compellable witness can be compelled to testify even if they are a family member of the defendant. However, certain privileges, such as spousal privilege, may apply in some cases.
Yes, a compellable witness who is a minor can be compelled to testify. However, the court may take special measures to ensure the minor’s well-being and comfort during the proceedings.
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: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/compellable/
- Modern Language Association (MLA):Compellable. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/compellable/.
- Chicago Manual of Style (CMS):Compellable. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/compellable/ (accessed: May 09 2024).
- American Psychological Association (APA):Compellable. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/compellable/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts