LegalFix
Sign In

§ 850. Art. 50. Admissibility of sworn testimony from records of courts of inquiry

10 U.S.C. § 850 (N/A)
Copy with citation
Copy as parenthetical citation

In any case not capital and 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 or military commission 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. This section does not apply to a military commission established under chapter 47A of this title.

Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.

Such testimony may also be read in evidence before a court of inquiry or a military board.

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;

(Aug. 10, 1956, ch. 1041, 70A Stat. 54; Pub. L. 109–366, § 4(a)(2), Oct. 17, 2006, 120 Stat. 2631; Pub. L. 114–328, div. E, title LVII, § 5232, Dec. 23, 2016, 130 Stat. 2915.)

Previous Section
§ 849. Art. 49. Depositions
Next Section
§ 850a. Art. 50a. Defense of lack of mental responsibility