Noncompellability

Noncompellability is a legal concept describing the inability of a person or class of persons to be compelled to testify or to provide evidence in legal proceedings. The term covers protections that arise from privileges, immunities, or constitutional rights, and it can operate in criminal, civil, or administrative contexts. It is often described as a privilege against compulsory testimony or as immunity from being a witness in certain circumstances.

Typical sources of noncompellability include: privileges that protect confidential communications or relationships, constitutional or statutory immunities, and institutional protections for state or professional functions. Common examples are spousal privileges (limiting a spouse’s obligation to testify against the other, or restricting disclosure of confidential marital communications), attorney-client privilege (protecting communications between lawyers and clients), physician-patient or therapist-patient privileges, and clergy-penitent privileges. In addition, noncompellability can arise from broader doctrines such as state secrets or executive privilege, which permit a government or its officials to withhold certain information from disclosure in proceedings. Diplomatic and legislative privileges can shield certain testimony or documents from compulsion in appropriate settings.

The scope and duration of noncompellability vary by jurisdiction and context. Some protections are absolute, while others are qualified or waivable (for example, by a party choosing to testify or by disclosure of the privileged information). Courts balance noncompellability against the rights of the opposing party and the interests of justice, and may determine the applicability or limits of a privilege on a case-by-case basis.