South Dakota § 33-10-145 Admissibility of records of courts of inquiry.

South Dakota Statutes

§ 33-10-145 — Admissibility of records of courts of inquiry.

South Dakota § 33-10-145

Title 33MILITARY AFFAIRS

Ch. 33-7UNIFORM STATE CODE OF MILITARY JUSTICE

This text of South Dakota § 33-10-145 (Admissibility of records of courts of inquiry.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 33-10-145 (2026).

Text

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, 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. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer. Such testimony may also be read in evidence before a court of inquiry.

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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, 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. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer. Such testimony may also be read in evidence before a court of inquiry.