Utah Statutes

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

Utah·Title 39A National Guard and Militia Act·Ch. 39A-5 Utah Code of Military Justice·Part 39A-5-2 Military Courts
(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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Legislative History

Renumbered and Amended by Chapter 373, 2022 General Session

Nearby Sections

15
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