Section 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