§ 29:150 — Article 50. Admissibility of sworn testimony from records of courts of inquiry

§150. Article 50. Admissibility of sworn testimony from records of courts of inquiry
A. In any case not extending to the dismissal of a commissioned officer, the sworn
testimony, contained in the duly authenticated record of proceedings of a court of inquiry,
of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the
rules of evidence mandated by Article 36 of this Code, be read in evidence by any party
before a court-martial if the accused was a party before the court of inquiry and if the same
issue was involved or if the accused consents to the introduction of such evidence.
B. Such testimony may be read in evidence only by the defense in cases extending
to the dismissal of a commissioned officer.
C. Such testimony may also be read in evidence before a court of inquiry or a
military board.
D. Sworn testimony that:
(1) Is recorded by audiotape, videotape, or similar method; and
(2) Is contained in the duly authenticated record of proceedings of a court of inquiry;
and
(3) Is admissible before a court-martial, court of inquiry, or military board, to the
same extent as sworn testimony may be read in evidence before any such body under
Subsection A, B, or C of this Article.

Legislative History

Acts 1974, No. 621, §1; Acts 2019, No. 373, §1.