What is the test for a judge to compel a witness to testify under subpoena?

MultiRegion, United States of America

The following excerpt is from Barnett v. Norman, 782 F.3d 417 (9th Cir. 2015):

But what a judge cannot do is to allow a witness to refuse to testify because he would prefer not to answer a question. The public's interest in full disclosure and the fair administration of justice overrides concerns that testimony might be inconvenient, burdensome, or harmful to a witness's social or economic status. United States v. Calandra, 414 U.S. 338, 345, 94 S.Ct. 613, 38 L.Ed.2d 561 (1974). Moreover, a subpoena has never been treated as an invitation to a game of hare and hounds, in which the witness must testify only if cornered at the end of the chase. United States v. Bryan, 339 U.S. 323, 331, 70 S.Ct. 724, 94 L.Ed. 884 (1950). Witnesses cannot refuse to answer questions merely because they choose not tothere is no opt-out box on a subpoena. To hold otherwise would make the great power of testimonial compulsion, so necessary to the effective functioning of courts and legislatures,

[782 F.3d 423]

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