US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 9.28
Particular Rights—Sixth Amendment—Right to
Compulsory Process—Interference with Witness
Under the Sixth Amendment, a criminal defendant has the right to have compulsory process for obtaining witnesses in his or her favor. This right includes both the right to offer the testimony of witnesses, and to compel their attendance, if necessary. The plaintiff asserts [name] that the defendant [name] interfered with this right and caused a favorable witness not to testify in the plaintiff’s trial.
To prove that the defendant [name] unlawfully interfered with the plaintiff [name]’s right to present testimony, the plaintiff [name] must prove by a preponderance of the evidence:
First, that the defendant [name]’s conduct substantially interfered with the plaintiff [name]’s witness;
Second, that the defendant [name]’s conduct caused the witness not to testify; and
Third, that the witness’ testimony would have been favorable and material.
Testimony is material if it would have been sufficient to cast doubt on the government’s case.
[Testimony could have been material to the plaintiff [name]’s trial even if the plaintiff [name] was not convicted.]
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
1abaae0de3eaddfb75b38f76875b20d08a7db95cbbec883314d768b6fbae5273
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