Compellability

Compellability is the legal status of a person with respect to testifying in a legal proceeding. A witness who is compellable may be subpoenaed to attend court and answer questions; failure to comply can be punished, for example by contempt of court or other sanctions. In many jurisdictions, compellability applies to criminal, civil, and administrative proceedings.

A non-compellable witness cannot be forced to testify, typically because of a recognized privilege or immunity that protects confidential communications or rights against self-incrimination. The exact grounds for non-compellability vary by jurisdiction and by the type of proceeding.

Common categories of non-compellable or partially protected testimony include spousal privilege in some legal systems (protecting confidential marital communications), physician-patient or attorney-client privileges, priest-penitent communications, and other confidential relationships. The privilege against self-incrimination permits a witness to refuse to answer certain questions that would expose them to criminal liability, even if they are ordinarily required to testify about other topics.

In practice, the concept of compellability helps determine who can be summoned and who may resist testifying without penalty. The rules are shaped by statutory provisions and case law, and they differ between common-law and civil-law jurisdictions.