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Section 43 - Sworn testimony -- Read in evidence.

UT Code § 39-6-43 (2019) (N/A)
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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 a person whose oral testimony cannot be obtained, may be read in evidence by any party before a military court if: (a) otherwise admissible under the rules of evidence; (b) the accused was a party before the court of inquiry; (c) the same issue was involved or the accused consents to the introduction of the evidence; or (d) the accused was physically present when the testimony was taken.

(a) otherwise admissible under the rules of evidence;

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

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

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

(2) The testimony may be read in evidence: (a) before a court of inquiry or a military board; or (b) by the defense only in cases extending to the dismissal of a commissioned officer.

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

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

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