Utah § 39A-5-221 Sworn testimony -- Read in evidence.

Utah Statutes

§ 39A-5-221 — Sworn testimony -- Read in evidence.

Utah § 39A-5-221

Title 39ANational Guard and Militia Act

Ch. 39A-5Utah Code of Military Justice

Part 39A-5-2Military Courts

This text of Utah § 39A-5-221 (Sworn testimony -- Read in evidence.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 39A-5-221 (2026).

Text

(1)The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if:

(1)(a) the sworn testimony is otherwise admissible under the rules of evidence;

(1)(b) the accused was a party before the court of inquiry;

(1)(c) the same issue was involved or the accused consents to the introduction of the evidence; or

(1)(d) the accused was physically present when the testimony was taken.

(2)The testimony may be read in evidence:

(2)(a) before a court of inquiry or a military board; or

(2)(b) by the defense only in cases extending to the dismissal of a commissioned officer.

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(1) The sworn testimony of a case which is contained in the authenticated record of proceedings of a court of inquiry, of an individual whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if:

(1)(a) the sworn testimony is otherwise admissible under the rules of evidence;
(1)(b) the accused was a party before the court of inquiry;
(1)(c) the same issue was involved or the accused consents to the introduction of the evidence; or
(1)(d) the accused was physically present when the testimony was taken.
(2) The testimony may be read in evidence:

(2)(a) before a court of inquiry or a military board; or
(2)(b) by the defense only in cases extending to the dismissal of a commissioned officer.