noncompellable

Noncompellable is an adjective used primarily in legal contexts to describe a person, testimony, or information that cannot be compelled to be produced or to testify by a court or other authority. The term combines the prefix non- with compellable (capable of being compelled) and is used to indicate that certain rights, privileges, or immunities prevent forced action.

In practice, noncompellable situations arise when a privilege or immunity protects a witness from being required to provide testimony or disclose information. Common examples include privileged communications such as attorney–client privilege, physician–patient privilege, and, in many jurisdictions, spousal communications or spousal testimony privileges. Another well-known source of noncompellability is the privilege against self-incrimination, often invoked under constitutional protections that permit a witness to refuse to answer questions that could expose them to criminal liability.

The scope and application of noncompellable status vary by jurisdiction and context. Some privileges are absolute, while others have exceptions or partial limits. For example, certain spousal privileges may not apply in cases involving crimes against the spouse or children, and the mechanics of privilege can differ between jurisdictions and between civil and criminal proceedings. The concept also interacts with other legal doctrines, such as the discovery process and evidentiary rules, which determine when information is protected or must be disclosed.

Overall, noncompellable denotes a legal shield that prevents coercive forcing of testimony or disclosure, reflecting the balance between the duty to assist in legal proceedings and protected rights or confidences.