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

417 words·~2 min read·/usc/title-10/section-850

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Use as Evidence by Any Party.— 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.

(b)Use as Evidence by Defense.— Such testimony may be read in evidence only by the defense in capital cases or cases extending to the dismissal of a commissioned officer.

(c)Use in Courts of Inquiry and Military Boards.— Such testimony may also be read in evidence before a court of inquiry or a military board.

(d)Audiotape or Videotape.— 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;

is admissible before a court-martial, military commission, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under subsection (a), (b), or (c).

(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.)

In subsections

(a)and (b), the word “commissioned” is inserted for clarity.

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