39A-5-221. Sworn testimony -- Read in evidence.
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Effective 5/4/2022
39A-5-221. Sworn testimony -- Read in evidence.
(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:
(a)the sworn testimony is 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.
Renumbered and Amended by Chapter 373 , 2022 General Session