ARTICLE 50. Admissibility of sworn testimony from records of courts of inquiry.
A. Use as evidence by any party. In any case 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 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.
B. Use as evidence by defense. Such testimony may be read in evidence only by the defense in 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 an administrative 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,
shall be admissible before a court-martial, court of inquiry, or military board, to the same extent as sworn testimony may be read in evidence before any such body under this section.
Added by Laws 2019, c. 408, § 57, eff. Oct. 1, 2019.