Section 130.50. Admissibility of records of courts of inquiry  


Latest version.
  • (a) In any
      case not extending to the dismissal of an 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)  Such  testimony  may  be  read in evidence only by the defense in
      cases extending to the dismissal of an officer.
        (c) Such testimony may also be read in  evidence  before  a  court  of
      inquiry or a military board.