Legal Definitions - viatorial privilege

Viatorial privilege refers to a specific legal protection that exempts individuals from arrest or the service of legal documents (like subpoenas or summonses) while they are traveling to, attending, or returning from a legal proceeding or official duty. The purpose of this privilege is to ensure that participants in the legal system, such as witnesses, parties, or legislators, can fulfill their obligations without fear of being detained or served with unrelated legal papers during their journey. It promotes the smooth functioning of justice by removing potential deterrents to participation.

Here are some examples illustrating viatorial privilege:

• Example 1: A Witness Traveling for Testimony

  Imagine a crucial witness in a criminal trial lives in a different state and must travel a long distance to testify in court. While this witness is traveling to the courthouse, attending the trial, and returning home, they are protected by viatorial privilege. This means they cannot be arrested for an unrelated minor offense (such as an outstanding parking ticket warrant from a different jurisdiction) or served with a subpoena for a completely separate lawsuit. This privilege ensures that the witness can fulfill their civic duty to provide testimony without disruption or fear of being entangled in other legal matters.

• Example 2: A Legislator Attending a Session

  Consider a state senator who travels from their home district to the state capital to attend a legislative session. During their journey to and from the capital, and while actively participating in the session, the senator is typically covered by viatorial privilege. This protection prevents them from being arrested for minor civil infractions or served with legal papers unrelated to their legislative duties. The privilege allows legislators to focus on their official responsibilities without concern for personal legal distractions that could impede their ability to govern effectively.

• Example 3: A Party Attending an Out-of-State Deposition

  Suppose a defendant in a lawsuit resides in a different state and travels to another state to attend a court-ordered deposition. As the defendant travels to the location of the deposition, participates in it, and then returns to their home state, they are shielded by viatorial privilege. This prevents creditors from serving them with new lawsuits or attempting to arrest them for unrelated outstanding debts during their travel. The privilege ensures that parties can comply with legal discovery requirements without facing additional, unrelated legal burdens that could hinder their participation in the primary case.